Noor Mohammad S/O Shri Jumma Khan vs State Of Rajasthan
2021 Latest Caselaw 2267 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 630/2019

Noor Mohammad S/o Shri Jumma Khan, Aged About 45 Years,
R/o 283 Vyas Colony Barkati Masjid Nahari Ka Naka Shastri
Nagar Jaipur
                                                                  ----Petitioner
                                   Versus
1. State Of Rajasthan, Through Pp
                                                                -----Respondent

2. Kalu Singh (since deceased) through LRs 2/1. Suman Devi W/o Late Kalu Singh S/o Shri Sawai Singh, R/o S.P.-18 D.P. Colony Near Tagore Public School Shastri Nagar Jaipur

----Complainant-Respondent

For Petitioner(s) : Mr. Tejashwi Sharma For Respondent(s) : Mr. Chandragupt Chopra, PP Ms. Asha Sharma

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

26/03/2021 This revision petition has been filed against the impugned

judgment of conviction and order of sentence dated 30.5.2018

passed by Special Metropolitan Magistrate (NI Act Cases) No.12,

Jaipur Metropolitan in Criminal Case No.598/2017 whereby the

accused petitioner was convicted for the offence under Section

138 of the Negotiable Instruments Act (in short "N.I. Act") and

sentenced to undergo 6 months SI and fine of Rs.60,000/-; in

default of payment thereof, he would undergo additional 2 months

SI.

                                                                                (2 of 2)                        [CRLR-630/2019]


                                          On     appeal,    the     learned        Appellate           Court    vide    order

dt.25.1.2019 confirmed the order passed by the trial court.

Heard the learned counsel for the parties.

It is submitted that a compromise has been taken place

between the parties mentioning therein that the parties are going

to compromise the matter. It shows that the parties want to

compromise the matter before National Lok Adalat. It is further

stated that accused-Noor Mohammad is paying Rs.15,000/- to the

complainant and thereafter he will pay the outstanding amount

within two months. The compromise has been filed by both the

parties which is attested/verified by Registrar (Judicial) of this

court. The parties are not interested to proceed the matter further.

So, the revision petition may be allowed.

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.

The revision petition preferred by the petitioner is allowed.

The conviction of the petitioner as ordered by the trial court

dt.30.5.2018 and confirmed by the Appellate Court vide order

dt.25.1.2019 are quashed and set aside. The petitioner is

acquitted of the charges framed against him and his Bail bonds

stands cancelled.

(NARENDRA SINGH DHADDHA),J

Brijesh 74.

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