Citation : 2021 Latest Caselaw 5709 Raj/2
Judgement Date : 21 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1072/2021
Ramesh Chand Chhipa S/o Kanhiya Lal, Resident Of Nevatawalon
Ka Mohalla, Sanganer, District Jaipur Proprietor Of Yamini Hand
Printers (At Present Confined In Central Jail Jaipur)
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Harakchand Jain S/o Late Shri Ganesh Lal Jain (Deceased
Complainant) Legal Heirs
2/1. Ashok Kumar Jain S/o Late Shri Harakchand Jain,
Resident Of 7/25, Ajmera House, Jain Mandir Road,
Sanganer, Jaipur
2/2. Maina Devi W/o Late Shri Harakchand Jain, Resident Of
7/25, Ajmera House, Jain Mandir Road, Sangnaer, Jaipur
----Respondents
For Petitioner(s) : Mr. Alok Atreya For Respondent(s) : Mr. Bhawani Shankar Sharma, PP Mr. Kartar Singh
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
21/10/2021
This matter has come-up on an application (I.A. No.1/2021)
for disposing of the petition on the basis of compromise between
the parties.
This revision petition has been filed by the petitioner against
the order dated 07.11.2019 passed by the Additional Sessions
Judge, No.19, Jaipur Metropolitan (Headquarters Sanganer),
affirming the impugned order dated 26.10.2017, passed by the
Court of Additional Chief Judicial Magistrate No.21, Jaipur
(2 of 2) [CRLR-1072/2021]
Metropolitan, Sanganer, in Criminal Case No.193/2015, by which
the petitioner was convicted and sentenced as under :-
U/s 138 of the N.I. Act - Simple imprisonment of one year and fine of Rs.40,000/-.
Respondent-complainants No.2/1-Ashok Kumar and 2/2-
Maina Devi, are present in person. As per the compromise deed,
parties have entered into an amicable settlement and
complainants also submit that the entire dispute has been settled
between the parties and they do not want to further proceed with
the matter.
The application is allowed.
On the basis of compromise arrived at between the parties,
the judgment of learned trial court dated 26.10.2021 and the
learned Appellate Court dated 07.11.2019, are quashed and set
aside.
Accordingly, the revision petition stands disposed of and the
petitioner is acquitted of charge under Section 138 of the
Negotiable Instruments Act.
All pending applications stand disposed of.
(MANOJ KUMAR VYAS),J
Hemant/25
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