Bajrang S/O Kana B/C Gurjar vs Dhanopiya Traders
2021 Latest Caselaw 578 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 230/2020

Bajrang S/o Kana, R/o Bhojpur, Police Station Dudu, Distt.
Jaipur Raj.
                                                                  ----Petitioner
                                   Versus
1.     Dhanopiya Traders, Through Its Proprietor Shivendra
       Dhanopiya S/o Banwar Lal, R/o Near Khatik Dharmshala
       Dudu, Police Station Dudu, Distt. Jaipur Raj.
2.     State Of Rajasthan, Through P.P.
                                                                ----Respondents

For Petitioner(s)        :     Mr. Rajveer Gurjar
For Respondent(s)        :     Mr. Chandragupt Chopra, PP
                               Mr. Neeraj Kumar Gotharwal

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

21/01/2021

1. This revision petition has been filed against the impugned

judgment of conviction and order of sentence dated 24.12.2018

passed by the Additional Chief Judicial Magistrate, Dudu, District

Jaipur (Raj.) in Criminal Case No.334A/11 (381/2015), NCV

No.4547/2015 and confirming the judgment dated 14.10.2019

passed by the Additional Sessions Judge, Dudu, District Jaipur

(Raj.) in Criminal Regular Appeal No.04/2019, N.C.V. No.4/2019

whereby the accused petitioner has been convicted for the offence

punishable under Section 138 of Negotiable Instruments Act and

sentenced for 06 months S.I. and fine of Rs.3,15,000/-, in default

of payment of fine to further undergo 02 months additional S.I.

2. Heard the learned counsel for the parties.

(2 of 2) [CRLR-230/2020]

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

between the parties and in lieu thereof, petitioner has paid the

entire amount to the complainant and there is nothing to recover

from the accused petitioner. The compromise is on record. 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 into between the

parties on 20.02.2020.

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

TN/47

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