Virendra Singh vs State And Anr
2021 Latest Caselaw 12239 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2523/2017

Virendra Singh Son Of Shri Amar Singh Solanki, Resident Of Idar House, Shrinath Marg, Udaipur.

----Petitioner Versus

1. The State Of Rajasthan

2. Kalu Ram Parihar, Son Of Shri Bhera Ram, Resident Of House No. 9, Shobhagpura, 100 Feet Road, Maryada Nagar, District Udaipur.

----Respondents

For Petitioner(s) : Mr. Sanjay Mathur For Respondent(s) : Mr. S.S. Rajpurohit, PP Mr. Shree Dhar Purohit

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

05/08/2021

Counsel for the petitioner submits that petitioner has

challenged the order dated 16.12.2013 passed by Additional

Sessions Judge Udaipur, whereby order of conviction and sentence

passed by Judicial Magistrate, Udaipur against the accused-

respondent has been modified and instead of sentence imposed

fine. Counsel further submits that the revision petition was

dismissed in non-compliance of peremptory order, therefore the

matter may be decided on merit.

Heard counsel for the parties.

The order passed by the trial court so as conviction was

upheld but the sentence of two years imprisonment has been set

aside and the cheque amount was doubled as fine. Appellant is

(2 of 2) [CRLMP-2523/2017]

sentenced with the fine of Rs. 5,50,000/- i.e. double of the

cheque amount and further ordered that out of the aforesaid

amount of Rs. 5,50,000/- the petitioner complainant shall be paid

Rs. 5,00,000/- as compensation.

Learned counsel for the respondent submits that in this

matter respondent deposited amount of Rs. 5,50,000/- i.e. double

of cheque amount and as per judgment and order dated

16.12.2013 the complainant has received amount of

Rs. 5,00,000/-.

Counsel for the petitioner does not controvert the fact that

the complainant had received the amount of Rs. 5,00,000/- as per

order dated 16.12.2013.

In view of above, I am not inclined to interfere in the

impugned order dated 16.12.2013.

The revision petition is devoid of merits and is accordingly

dismissed.

(GOVERDHAN BARDHAR),J Ashu/23

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