Malu Khan S/O Shri Abdul Gani vs Rajesh Kumar Yadav S/O Shri Babu ...
2021 Latest Caselaw 6783 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Criminal Revision Petition No. 1152/2021

Malu Khan S/o Shri Abdul Gani, resident of D-36, Prem Colony,
Jain Mandir, Nehru Nagar, Jaipur.
                                                                    ----Petitioner
                                    Versus
1. Rajesh Kumar Yadav S/o Shri Babu Lal Yadav, resident of Plot
No.55, Deep Nagar, near Utsav Bag, Dadi Ka Phatak, Benad
Road, Jhotwara, Jaipur.
                                     Respondent/complainant

2. State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Santosh Singh Shekhawat For Respondent(s) : Mr. Bhawani Shankar Sharma, PP Mr. Govind Gupta, complainant

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

22/11/2021

The matter has come up on an application (IA

No.1/2021) for deciding the matter in view of the compromise

between the parties.

It has been submitted that the petitioner and

complainant have entered into compromise and an amount of

Rs.1,80,000/- has also been paid by the petitioner in lieu of the

compromise to the respondent. The original compromise deed has

been annexed with the application.

In view of the amicable settlement between the parties,

counsel for the complainant does not want to pursue the matter

further. Therefore, he has prayed that the petition may be allowed

and in view of the compromise, the petitioner may be acquitted

(2 of 2) [CRLR-1152/2021]

from the offence under Section 138 of the Negotiable Instruments

Act, 1881.

Learned counsel for both the parties have submitted

that an amicable settlement has been arrived at between the

parties and complainant does not want to pursue the matter

further. Therefore, in view of the compromise, the judgment of

conviction and sentence of the learned trial court dated

14.06.2017 as well as the Appellate Court dated 14.06.2018 are

hereby quashed and set aside. The petitioner is acquitted of the

charge under Section 138 of NI Act. The petitioner is in judicial

custody. He is directed to be released forthwith in this case if not

wanted in any other case.

The revision petition stands disposed of in terms of the

compromise.

Pending application/s also stands disposed of.

(MANOJ KUMAR VYAS),J

Sunita/35

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