Mamraj Singh Chauhan S/O Shri Moti ... vs Nirmal Kumar Jain S/O Late Shri ...
2021 Latest Caselaw 5650 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

               S.B. Criminal Revision Petition No. 853/2021

1.        Mamraj Singh Chauhan S/o Shri Moti Singh Chauhan,
          Aged About 38 Years, Partner/ Authorized M/s Singhs
          Infrastructure, Resident Of Plot No. 576, Sumer Nagar,
          New Sanganer Road, Mansarovar, Jaipur
2.        M/s Singhs Infrastructure, Through Authorized Mamraj
          Singh Chauhan, Resident Of Plot No. 576, Sumer Nagar,
          New Sanganer Road, Mansarovar Jaipur
                                                            ----Revision-Petitioners
                                        Versus
1.        Nirmal Kumar Jain S/o Late Shri Amolak Chand Jain,
          Resident Of Plot No. 88, Jadaun Nagar -B, Dalda Factory
          Ke Samne, Durgapura, Jaipur
                                                                     ----Respondent

2. Jaspreet Singh, Partner M/s Singhs Infrastructure, Resident Of House No. 88, Siddhi Home Scheme, Bhankrota, Jaipur

----Proforma-Respondent

For Petitioner(s) : Ms. Nidhi Mishra For Respondent(s) : Mr. Sandeep Jain

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

20/10/2021

This revision petition has been filed against the judgment of

conviction and sentence passed by Special Metropolitan Magistrate

(N.I. Act Cases) No.4, Jaipur Metropolitan, Jaipur dated

18.11.2019, by which the petitioner was convicted and sentenced

as under :-

U/s 138 of the N.I. Act - 4 months' simple imprisonment and fine of Rs.2,48,000/-. In default of payment of fine, further

(2 of 2) [CRLR-853/2021]

to undergo one month's SI additionally.

Appeal preferred by the petitioner before the Court of

Additional Sessions Judge No.5, Jaipur Metropolitan II, was

dismissed vide judgment dated 18.03.2021.

It has been submitted on behalf of the petitioner as well as

the complainant that they have entered into an amicable

settlement. Now, no matter remains pending between the parties

and the petitioner does not want to further pursue the matter.

In view of the compromise arrived at between the parties, it

is submitted that the matter may be compounded and the

petitioner may be acquitted of the charges, for which he has been

convicted and sentenced.

Complainant himself is present in person. Both the parties

have verified the compromise.

In view of the compromise, the conviction and sentence of

the petitioner under Section 138 of the N.I. Act vide judgment

dated 18.11.2019 of the trial court as well as the judgment dated

18.03.2021 of the appellate court, are set aside.

The petition stands disposed of accordingly and the accused-

petitioner is acquitted of the charges under Section 138 of the

Negotiable Instruments Act.

(MANOJ KUMAR VYAS),J

Hemant/3

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