Peer Singh vs Firm Tilok Chand Praveen Kumar
2021 Latest Caselaw 18562 Raj

(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.

(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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