(1 of 2) [CRLMP-6716/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6716/2021 Peer Singh S/o Sh. Kishore Singh, Aged About 70 Years, B/c Rajput, R/o Village Jana, Teh. Sumerpur, Dist. Pali (Raj.).
----Petitioner Versus
1. Firm Tilok Chand Praveen Kumar, Maharaja Ummaid Singh Krishi Upaj Mandi Samiti, Sumerpur, Dist. Pali Through Power Of Attorney-Dhanraj S/o Sh. Rajmal Ji, B/c Jain, R/o Sumerpur, Teh. Sumerpur, Dist. Pali (Raj.).
2. State Of Rajasthan, Through Pp
----Respondents For Petitioner(s) : Mr. S.S. Rathore For Respondent(s) : Mr. M.K. Trivedi, PP HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 07/12/2021 The present petition has been filed against the judgment dated 01.10.2021 passed by the learned Additional District and Sessions Judge, Sumerpur District Pali in Criminal Appeal No. 02/2018, whereby, the order dated 05.02.2018 passed by the Judicial Magistrate Sumerpur convicting the petitioner under Section 138 of the NI Act was upheld.
Learned counsel for the petitioner submits that the parties have compromised the matter outside the Court and the amount due from the petitioner has been completely re-paid. The fact of compromise and repayment of the amount from the petitioner is not disputed by the counsel for the respondent No. 1 - Firm. The copy of compromise between the parties is placed on record. (Downloaded on 08/12/2021 at 09:00:33 PM)
(2 of 2) [CRLMP-6716/2021] Learned counsel for the respondent No. 1 - Firm submits that he does not want to proceed with the matter and, therefore, the sentence of imprisonment and the payment of fine awarded by the learned trial court and affirmed by the appellate court may be set aside.
Learned counsel further submits that the judgments passed by the learned trial court and affirmed by the appellate court are liable to be set aside in the light of the judgment of Hon'ble the Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663.
Accordingly, the present misc. petition is allowed. The conviction and sentence of imprisonment awarded to the petitioner under Section 138 of the NI Act vide judgment dated 05.02.2018 and affirmed by the appellate court vide judgment dated 01.10.2021 are hereby quashed and set aside in the light of the judgment of Hon'ble the Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663.
(VINIT KUMAR MATHUR),J 105-payal/-
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