Ramgopal Sharma Son Of Shri ... vs Shivcharan Sharma Son Of Jagdish
2021 Latest Caselaw 1350 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 146/2021

Ramgopal Sharma Son Of Shri Badrinarayan Sharma, Aged
About 41 Years, Through Its Proprietor G.l. Enterprises, R/o
Sadawatan Ki Dhani, Village Bhateri, Tehsil Bassi, District Jaipur
303004
                                                                  ----Petitioner
                                   Versus
Shivcharan Sharma Son Of Jagdish, Aged About 45 Years,
Through M/s. Baba Enterprises, R/o Sodawatan Ki Dhani, Village
Bhateri, Tehsil Bassi, District Jaipur 303004
                                                                ----Respondent

For Petitioner(s) : Mr. Nawal Singh Sikarwar, Adv.

For Respondent(s) : Mr. Sumit Jain, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

08/02/2021

1. This revision petition has been filed against the impugned

judgment of conviction and order of sentence dated 14.11.2019

passed by the learned Additional Chief Metropolitan Magistrate

No.13, Bassi Jaipur Metropolitan in Criminal Case No.1099/2018

whereby the accused petitioner was convicted for the offence

under Section 138 of the Negotiable Instruments Act (in short

"N.I. Act") and sentenced for six months S.I and fine of Rs.

13,90,000/-, in default of payment further undergo for 3 months.

Against this order, the petitioner filed Criminal Appeal No.42/2019

before learned Additional Sessions Judge No.4, Jaipur

Metropolitan-II who vide its order dated 27.01.2021 confirmed the

judgment and order passed by the Additional Chief Metropolitan

(2 of 2) [CRLR-146/2021]

Magistrate No.13, Bassi Jaipur Metropolitan. And against both the

orders of the lower courts, the petitioner has filed this revision

petition.

2. Heard the learned counsel for the parties.

3. It is submitted that a compromise has been arrived at

between the parties out of court. The petitioner has paid the

entire amount to respondent as agreed between them and there is

nothing to recover from the accused petitioner. So, the revision

petition may be allowed.

4. Hence, in view of the above, the revision petition deserves to

be decided in the light of compromise entered between the parties

as per Section 138 of N.I. Act. Petitioner has given a draft of

Rs.11,38,000/- and also submitted that respondent is free to get

amount deposited in Lower Court.

5. The revision petition preferred by the petitioner is allowed.

The conviction of the petitioner as ordered by the trial court and

confirmed by the Appellate Court is quashed and set aside. The

petitioner is acquitted of the charges framed against him.

(NARENDRA SINGH DHADDHA),J

Jatin /73

Powered by TCPDF (www.tcpdf.org)