Rajasthan High Court - Jodhpur
Kalu Lal Bhat vs State Of Rajasthan on 15 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1480/2022
Kalu Lal Bhat S/o Deepchand Ji Bhat, Aged About 50 Years, R/o
Village Duma Ka Talai, Post - Kune, Tehsil Lasadiya, District
Udaipur (Rajasthan). Second Address R/o 48 Railway Colony
Thokar Chouraya, Tehsil Giewa, Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Lrs Of Ramkishan Kumawat, Teh. Girwa, District Udaipur
(Rajasthan)
A. Raj Kumari W/o Late Ramkishan Kumawat, R/o House No.
41, Sagar Complex, Front Of Kalka Mata Temple, Gandhi
Nagar Road, Teh. Girwa, District Udaipur (Rajasthan)
B. Ajay Kumawat S/o Late Ramkishan Kumawat, R/o House
No. 41, Sagar Complex, Front Of Kalka Mata Temple,
Gandhi Nagar Road, Teh. Girwa, District Udaipur
(Rajasthan)
C. Mahesh Kumawat S/o Late Ramkishan Kumawat, R/o
House No. 41, Sagar Complex, Front Of Kalka Mata
Temple, Gandhi Nagar Road, Teh. Girwa, District Udaipur
(Rajasthan)
----Respondents
For Petitioner(s) : Mr. R.S. Rathore
For Respondent(s) : Mr. Laxman Solanki, PP
Ms.Varsha Purohit for Mr. D.S.
Rathore
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/12/2022
By way of filing the instant criminal revision petition,
challenge has been made to the judgment of conviction and order
of sentence dated 16.04.2015 passed by learned Judicial
Magistrate No.1 (South), Udaipur, in Criminal Regular Case
No.751/2011 which has been affirmed in Criminal Appeal
(2 of 3) [CRLR-1480/2022]
No.03/2018 by learned Additional Sessions Judge No.5, Udaipur
vide judgment dated 08.12.2020.
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
dismissed vide judgment dated 08.12.2020, hence the present
revision petition has been filed.
It is submitted that respondent Ramkishan passed away on
25.11.2020 thus, the petitioner and legal representatives i.e.
respondent 2 (a) Raj Kumari W/o Late Ramkishan, (b) Ajay
Kumawat and (c) Mahesh Kumawat both S/o Late Ramkishan were
arrayed as respondent in the lis. The petitioner and the Legal
representatives of respondent Ramkishan have entered into a
compromise on 03.11.2022 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 legal representative of 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 legal representative of the
respondent-complainant does not wish to continue the
proceedings.
(3 of 3) [CRLR-1480/2022]
Although, 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, cost is required to
be imposed upon the petitioner but since the petitioner's daughter
has passed away after a long battle with Cancer and now his wife
is suffering from the same critical ailment thus, a humanitarian
approach should be taken and this Court does not feel it
appropriate to impose cost of proceedings upon the accused and
the same is waived.
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
16.04.2015 passed by learned Judicial Magistrate No.1 (South),
Udaipur, in Criminal Regular Case No.751/2011 and the judgment
in appeal dated 08.12.2020 passed by learned Additional Sessions
Judge No.5, Udaipur in Criminal Appeal No.03/2018 are quashed
and set aside. The accused is acquitted from the charges.
(FARJAND ALI),J
226-Mamta/-
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