Peer Mohammed @ Peeru vs State Of Rajasthan
2022 Latest Caselaw 14508 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1532/2022 Peer Mohammed @ Peeru S/o Shafi Mohammed, Aged About 54 Years, B/c Deshwali Muslim R/o Bad-Ka-Chowk Nearby Peer-Bab Ka Chabutara Jahajpur Ps Jahajpur Dist. Bhilwara (Presently No Confined In Jail)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Shafiq Mohammed S/o Mazid Khan, B/c Muslim R/o Nabo Ka Mohalla Jahajpur Dist. Bhilwara

----Respondents

For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. Gaurav Singh, PP Mr. Avinash Bhati

HON'BLE MR. JUSTICE FARJAND ALI Order 09/12/2022

By way of filing the instant criminal revision petition,

challenge has been made to the judgment of conviction and order

of sentence dated 28.08.2018 passed by learned Judicial

Magistrate, Jahajpur, Bhilwara in Criminal Regular Case

No.183/2012 which has been affirmed in appeal by learned

Additional Sessions Judge, Shahpura Camp at Jahajpur, District

Bhilwara vide judgment dated 26.08.2022.

Briefly stated, that facts of the case are that the petitioner

was prosecuted for committing offence under Section 138 of the

N.I. Act. After completion of trial, he was found guilty and thus,

was convicted and sentenced by the learned trial Court. The

judgment of conviction was assailed by the petitioner by way of

filing a criminal appeal but the same has been dismissed vide

judgment dated 26.08.2022, hence the present revision petition

has been filed.

(2 of 2) [CRLR-1532/2022]

The partied have entered into a compromise before this

Court and have settled the dispute amicably. Compromise deed

has been placed on record. Parties have resolved the dispute since

the petitioner has paid the due amount satisfying the respondent

claimant. Thus, it is jointly prayed that the judgment of conviction

as well as the order of appeal be quashed and set aside.

Heard. Perused the material available on record and gone

through both the judgments as well as the compromise deed

wherein it is recited that the parties have resolved their dispute

amicably and the complainant does not wish to continue the

proceedings.

Since the precious time of the court has been wasted in the

entire criminal proceedings and now, the parties have arrived at a

compromise at a belated stage, therefore, it is deemed

appropriate to impose cost of proceedings upon the accused.

In view of the compromise arrived at between the parties

and the statutory provision in this regard, the revision petition is

allowed. The judgment of conviction and order of sentence dated

28.08.2018 passed by learned Judicial Magistrate, Jahajpur,

Bhilwara in Criminal Regular Case No.183/2012 and the judgment

in appeal dated 26.08.2022 passed by learned Additional Sessions

Judge, Shahpura Camp at Jahajpur, District Bhilwara in Criminal

Appeal No.77/2018 are quashed and set aside. The accused is

acquitted from the charges. However, the accused petitioner has

to deposit an amount of Rs.10,000/- as cost of proceedings and

the same shall be deposited by him within ten days from today to

the learned trial Court. If the amount of cost of proceedings is not

paid within the stipulated period, the judgment of conviction shall

be rejuvenated.

(FARJAND ALI),J

145-amit/-

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