Rajasthan High Court - Jodhpur
Virendra Singh Chouhan vs State Of Rajasthan (2024:Rj-Jd:14614) on 27 March, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:14614] (1 of 3) [CRLR-413/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 413/2024
Virendra Singh Chouhan S/o Chain Singh, Aged About 47 Years,
R/o House No. 197-A, Laxmi Nagar, Near Avadh Computers,
Opp. Pnb Bank, Paota C Road, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Naveen Acharay S/o Ashok Acharay, R/o House No. 154,
Behind Mahaveer Poonam City Funworld, Permanent
Address House No. 53, Near Kishan Kirana Store,
Chirghar, Jodhpur, Raj.
----Respondents
For Petitioner(s) : Ms. Ajanta Saraswat
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order 27/03/2024
1. The instant criminal revision petition under Section 397 read with Section 401 of the CrPC has been preferred by the petitioner against the judgment dated 28.02.2024 passed by the learned Additional Sessions Judge No.7, District Jodhpur Metropolitan in Criminal Appeal No.31/2022 (NCV No.237/2022), whereby the judgment dated 14.06.2022 passed by the learned Special Judge Metropolitan Magistrate, (N.I. Act Cases) No.2, District Jodhpur in Criminal Case No.1348/2018 convicting the petitioner for the offence under Section 138 of the NI Act and sentencing him to undergo simple imprisonment of one year alongwith a fine of (Downloaded on 05/04/2024 at 09:12:06 PM) [2024:RJ-JD:14614] (2 of 3) [CRLR-413/2024] Rs.4,70,000/- with default sentence of three months' simple imprisonment was upheld.
2. Learned counsel for the petitioner has placed on record a compromise -cum- agreement with the complainant. It is recited in the compromise deed dated 11.03.2024 that the entire due amount has been paid to the complainant and nothing remains to be paid to him. It is further submitted that the petitioner has been convicted under Section 138 of the NI Act, which is compoundable in nature and as the parties have arrived at a compromise, thus, nothing survives for consideration in this revision petition, therefore, the judgments passed by both the Courts below may be quashed and set aside.
3. Heard counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and perused the compromise dated 11.03.2024 and other material made available to this court.
4. The parties have arrived at a compromise and the same has already been placed on record, as per which, the complainant- respondent has received entire amount towards the cheque in question. There is no outstanding amount or any dispute regarding payment is pending between the parties. It is also mentioned in the compromise deed that the parties shall get the revision pending before this court disposed of.
5. Upon consideration of the submissions made above and on perusal of the material available on record, this Court deems it fit to allow the instant Criminal Revision in terms of the aforesaid memo of compromise. After the judgment of appeal the accused (Downloaded on 05/04/2024 at 09:12:06 PM) [2024:RJ-JD:14614] (3 of 3) [CRLR-413/2024] has not surrendered and as such is not behind the bars. He need not to surrender back.
6. Accordingly, the instant Criminal Revision is allowed. The judgment of conviction and order of sentence dated 14.06.2022 passed by the learned Special Judge Metropolitan Magistrate, (N.I. Act Cases) No.2, District Jodhpur in Criminal Case No.1348/2018 and the judgment dated 28.02.2024 passed by the learned Additional Sessions Judge No.7, District Jodhpur Metropolitan in Criminal Appeal No.31/2022 (NCV No.237/2022) are hereby quashed and set aside and the petitioner-accused is acquitted from the charge for the offence punishable under Section 138 of NI Act. He is on bail. His bail bonds shall stand discharged. After the judgment of appellate the accused has not surrendered and as such is not behind the bars. He need not to surrender back. If any warrant has been issued in pursuance of the orders dated 14.06.2022 and 28.02.2024, the same shall be withdrawn forthwith.
7. All Pending applications stand disposed of.
(FARJAND ALI),J 278-Samvedana/-
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