Kailash Rawat vs State Of Rajasthan And Anr
2021 Latest Caselaw 525 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

             S.B. Criminal Revision Petition No. 727/2017

Kailash Rawat S/o Shri Banna Singh Rawat, R/o Near Talab Ki
Pal, Rawaton Ka Mohalla Khanpura, Ajmer.
                                                                      ----Petitioner
                                    Versus
1.      State Of Rajasthan Through P.p.
2.      Supreme Financial Services, 8 Near Sadar Kotwali Gate,
        Khailand Market, Ajmer, Through Recovery Manager Shri
        Radheyshyam Saini
                                                                   ----Respondents

For Petitioner(s) : Mr. Rajendra Singh Tanwar, Adv. For Respondent(s) : Mr. Yashwant Kankhadia, PP Mr. Narsi Prasad Sharma, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

20/01/2021

1. Defect No.4 is waived.

2. This revision petition has been filed against the impugned

judgment of conviction and order of sentence dated 18.03.2016

passed by the Special Judicial Magistrate (N.I. Act Cases) No.1,

Ajmer in Criminal Case No.1018/2012 and confirming the

judgment dated 13.02.2017 passed by the Additional Sessions

Judge No.5, Ajmer in Criminal Appeal No.129/2016 (CIS

No.117/2016) whereby the accused petitioner has been convicted

and sentenced to undergo one year S.I. and fine of Rs.5,00,000/-;

in default of payment thereof, to further undergo one month's S.I.

for the offence under Section 138 of the Negotiable Instruments

(2 of 2) [CRLR-727/2017]

Act (in short "N.I. Act") and directed to pay fine of Rs. 5,00,000/-

to the complainant as compensation.

3. Heard the learned counsel for the parties.

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

between the parties and in lieu thereof, petitioner would give the

possession of TATA Bus bearing No. RJ01-PA-1472 to the

complainant. The compromise has been filed by the respondent

No.2, Supreme Financial Services which is taken on record. So,

the revision petition may be allowed.

5. 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.

6. 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.

7. The application for suspension of sentence also stands

disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /30

Powered by TCPDF (www.tcpdf.org)