Smt Santosh Saini vs State Of Rajasthan And Anr
2022 Latest Caselaw 5554 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Revision Petition No. 926/2018

Smt. Santosh Saini W/o Shri Dinesh Saini, R/o Plot No.12, Budh
Vihar, Ramnagariya, Jagatpura, Jaipur, Rajasthan.
                                                          ----Accused-Petitioner
                                     Versus
1.         State Of Rajasthan Through PP.
                                                                  ----Non-Petitioner
2.         Jaideep Singh Rathor S/o Shri Padam Singh Rathor, R/o
           Plot No.76, Flat No.108, Usha Niketan, Ghiya Marg,
           Banipark, Jaipur.
                                             ----Complainant-Non-Petitioner


For Petitioner(s)          :     Mr. Rajesh Kumar Mutha, Adv.
For Respondent(s)          :     Mr. B.S. Sharma, P.P.,

Mr. Prakash Chand Yadav, Adv.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

05/08/2022

The present revision petition has been filed against the

judgment dated 07.05.2018 passed by the learned Additional

District and Sessions Judge No.3, Jaipur, District Jaipur

(Rajasthan) in Criminal Appeal No.100/2016 (07/2013) affirming

the judgment and order dated 07.01.2013 passed by the learned

Judicial Magistrate No.4, Jaipur, District Jaipur in Criminal

Complainant No.123/2009 whereby the accused-petitioner was

convicted and sentenced under Section 138 of the Negotiable

Instruments Act to six months simple imprisonment with a

direction to pay a sum of Rs.4,00,000/- as compensation and in

default of payment of fine, to further undergo six months simple

imprisonment.

(2 of 2) [CRLR-926/2018]

Learned counsel for the accused-petitioner submits that

during pendency of the present revision petition, the dispute of

non-payment of the amount has been settled between the parties

by entering into a compromise.

Perused the record. The compromise, duly verified by the

Registrar (Judicial), is available on record. The offence u/s. 138 of

the Negotiable Instruments Act is compoundable, hence, the

accused-petitioner deserves to be acquitted on the basis of

compromise.

In view of compromise having been entered into between the

parties, the present revision petition is allowed. The orders passed

by the learned trial court as well as by the learned appellate court

dated 07.01.2013 & 07.05.2018 are hereby set aside and the

accused-petitioner is acquitted.

If the accused-petitioner is in judicial custody, she be

released forthwith.

All the interlocutory application also stands disposed of

accordingly.

(UMA SHANKER VYAS),J

DANISH USMANI /96

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