Rajasthan High Court - Jodhpur
Suryaprakash vs State Of Rajasthan on 14 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1429/2022
Suryaprakash S/o Shri Devi Lal Gupta, Aged About 50 Years, R/o
30 Meena Pada Udaipur Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Om Prakash S/o Shri Hasanand, R/o 9-A, Kailash Nagar
R.m. Road Udaipur
----Respondents
For Petitioner(s) : Mr. S.K. Verma
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Manvendra Singh for R-2
HON'BLE MR. JUSTICE FARJAND ALI
Order
14/12/2022
By way of filing the instant criminal revision petition,
challenge has been made to the judgment of conviction and order
of sentence dated 15.09.2018 passed by learned Special Judicial
Magistrate (N.I. Act Cases) No.1, Udaipur in Criminal Original Case
No.227/2015 (Old Case No.474/2010) which has been affirmed in
Criminal Appeal 73/2018 by learned Additional Sessions Judge
No.2, Udiapur vide judgment dated 31.08.2022.
Briefly stated, that facts of the case are that the petitioner
was prosecuted for committing an offence under Section 138 of
the Negotiable Instruments 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
(2 of 3) [CRLR-1429/2022]
dismissed vide judgment dated 31.08.2022, hence the present
revision petition has been filed.
The parties have entered into a compromise before this
Court and have settled the dispute amicably. Copy of 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 learned counsel for the parties. 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
15.09.2018 passed by learned learned Special Judicial Magistrate
(N.I. Act Cases) No.1, Udaipur in Criminal Original Case
No.227/2015 (Old Case No.474/2010) and the judgment dated
31.08.2022 passed by learned Additional Sessions Judge No.2,
Udaipur in Criminal Appeal No.73/2018 are quashed and set aside.
The accused is acquitted from the charges. However, since the
dispute has been resolved after long lapse of time and the
precious time of the Courts have been wasted by the parties,
(3 of 3) [CRLR-1429/2022]
therefore, it is deemed appropriate to impose a cost of Rs.5,000/-
upon the petitioner. Thus, the petitioner is directed to deposit a
cost of Rs.5,000/- before the trial Court within 15 days from the
date of receipt of this order. It is further made clear that if the
cost of proceedings i.e. Rs.5,000/- is not deposited by the
petitioner, the conviction and order of sentence dated 15.09.2018
passed by learned Special Judicial Magistrate (N.I. Act Cases)
No.1, Udaipur in Criminal Regular Case No.227/2015 (Old Case
No.474/2010) shall be rejuvenated without any reference to the
Court.
(FARJAND ALI),J
204-Mamta/-
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