Rajasthan High Court - Jodhpur
Akhtar Husain vs State Of Rajasthan on 16 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1346/2022
Akhtar Husain S/o Jakir Husain, Aged About 35 Years, R/o 421
Khemji Ki Pole Near Niyario Ki Masjid Kabutro Ka Chowk Jodhpur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Pawan Kumar Vaishnav S/o Sukhdev, R/o C-88 Uit Colony
Pratap Nagar Jodhpur
----Respondents
For Petitioner(s) : Mr. Firoz Khan
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. S.D. Vaishnav R-2
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/12/2022
By way of filing the instant criminal revision petition,
challenge has been made to the judgment of conviction and order
of sentence dated 01.08.2018 passed by the learned Special
Metropolitan Magistrate (NI Act Cases) No.2, Jodhpur
Metropolitan, District Jodhpur in Criminal Regular Case
No.84/2016 which has been affirmed in Criminal Appeal
No.374/2018 by the learned Additional Sessions Judge No.4,
Jodhpur Metropolitan, District Jodhpur vide judgment dated
25.04.2019.
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
(2 of 3) [CRLR-1346/2022]
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 25.04.2019, 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
01.08.2018 passed by the learned Special Metropolitan Magistrate
(NI Act Cases) No.2, Jodhpur Metropolitan, District Jodhpur in
Criminal Regular Case No.84/2016 and the judgment in appeal
dated 25.04.2019 passed by learned Additional Sessions Judge
No.4, Jodhpur Metorpolitan, District Jodhpur in Criminal Appeal
No.374/2018 are quashed and set aside. The accused is acquitted
(3 of 3) [CRLR-1346/2022]
from the charges. However, since the dispute has been resolved
after long lapse of time and the precious time of the Courts have
been spent by the parties, therefore, it is deemed appropriate to
impose a cost of Rs.10,000/- upon the petitioner. Thus, the
petitioner is directed to deposit a cost of Rs.10,000/- 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.10,000/- is not deposited by the petitioner, the conviction and
order of sentence dated 01.08.2018 passed by learned Special
Metropolitan Magistrate (NI Act Cases) No.2, Jodhpur
Metropolitan, District Jodhpur in Criminal Regular Case
No.84/2016 shall be rejuvenated without any reference to the
Court.
(FARJAND ALI),J
203-Mamta/-
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