Vinod Jangid S/O Shri Rameshwar ... vs State Of Rajasthan
2022 Latest Caselaw 5655 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Criminal Revision Petition No. 1439/2021

Vinod Jangid S/o Shri Rameshwar Jangid, Resident Of Plot No.
169, Suryanagar, Jamnapuri Murlipura, Jaipur
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Public Prosecutor
2.     Kailashchand      Jangid      S/o      Shri     Laxminarayan      Jangid,
       Resident Of Plot No. 4, Vijay Badi, Dahar Ka Balaji, Jaipur
                                                                ----Respondents

For Petitioner(s) : Mr. Rajendra Singh Tanwar, Adv., For Respondent(s) : Mr. Ganesh Saini, P.P.

Mr. Vikram Singh Panwar, Adv.,

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

18/08/2022

The present revision petition has been filed against the

judgment dated 26.11.2021 passed by the learned Appellate Court

in Regular Criminal Appeal No.14/2021 affirming the judgment

and order dated 09.03.2021 passed by the learned Trial Court in

Regular Criminal (Complaint) Case No.866/2016 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.1,70,000/- as

compensation and in default of payment of fine, to further

undergo one month additional simple imprisonment.

Learned counsel for the accused-petitioner submits that

during pendency of the present revision petition, the dispute of

(2 of 2) [CRLR-1439/2021]

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 09.03.2021 & 26.11.2021 are hereby set aside and the

accused-petitioner is acquitted.

If the accused-petitioner is in judicial custody, he be released

forthwith.

In view of above the application for SOS stands disposed of.

(UMA SHANKER VYAS),J

KESHAV GHIYA /8

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