Durgaprasad S/O Shri Jagdish ... vs State Of Rajasthan
2021 Latest Caselaw 3946 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Revision Petition No. 189/2021

Durgaprasad        S/o     Shri     Jagdish        Prasad,       R/o   In   Front   Of
Government School, Indira Colony, Bijaynagar, Police Station
Bijaynagar, Tehsil Bijaynagar, District Ajmer (Raj)
                                                                        ----Petitioner
                                        Versus
1.      State Of Rajasthan, Through P.P
2.      Shri Arun Kumar Soni S/o Shri Radheyshyam Soni, R/o
        Bijaynagar, Police Station Bijaynagar, Tehsil Bijaynagar,
        District Ajmer (Raj)
                                                                     ----Respondents

For Petitioner(s) : Mr. Tarun Kumar Mishra For Respondent(s) : Mr. Imran Khan, PP Mr. Drashya Baraseni, for complainant Mr. Arun Kumar Soni, complainant present in person

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order

24/08/2021

Application filed under Section 5 of the Limitation Act

for condonation of delay of 490 days in filing the revision petition,

is allowed.

The petitioner has filed this revision petition against the

judgment and order dated 10.07.2019 passed by Additional

Sessions Judge No.1, Beawar District Ajmer in Criminal Appeal No.

109/2017 Durgaprasad v. State and Another, affirming the

judgment and order dated 08.11.2017 passed in Criminal Case

No. 07/2014 by Judicial Magistrate, Bijaynagar, District Ajmer,

whereby the petitioner was convicted under Section 138 of

Negotiable Instruments Act, 1881 (N.I. Act), and was sentenced

as under :-

                                                                                 (2 of 2)                      [CRLR-189/2021]

                                                 "One     year's   simple    imprisonment     with     a

fine/compensation of Rs. One lakh, in default whereof further to undergo simple imprisonment additionally for one month."

It has been submitted on behalf of the petitioner

(accused) and respondent no. 2 (complainant), that the parties

have entered into a compromise, written deed of compromise has

been placed on record wherein it has been mentioned that the

complainant has received the entire cheque amount and now no

dispute is pending between them. Hence, the complainant does

not want to pursue any legal proceeding against the accused

petitioner.

In view of the aforesaid compromise between the

petitioner and respondent No.2, the impugned judgment of

conviction and sentence dated 10.07.2019 of Appellate Court as

well as dated 08.11.2017 of trial court, are set aside and the

petitioner is acquitted of the charge under Section 138 of N.I. Act.

Petitioner, who is in judicial custody, is ordered to be

released in this case.

Revision Petition stands disposed of. All pending

applications, if any, also stand disposed of.

Office to proceed accordingly.

(MANOJ KUMAR VYAS), J.

Sunita Kanwar /41

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