Mandar Singh vs State Of Rajasthan
2022 Latest Caselaw 14851 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1499/2022

Mandar Singh S/o Sh. Karnel Singh, Aged About 50 Years, Banwali, P.s. Lalgarh Jatan, Teh. Sadulshahar, Dist. Sri Ganganagar.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Gurdeep Singh S/o Sh. Jai Singh, Hakmabad Teh.

Sadulshahar Dist. Sri Ganganagar.

                                                                   ----Respondents


For Petitioner(s)            :      Mr. Om Prakash
For Respondent(s)            :      Mr. Javed Gauri, PP
                                    Mr. Zafar Khan for 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 19.12.2014 passed by the learned Judicial

Magistrate, Sadulshahar, District Sri Ganganagar in Criminal

Regular Case No.490/2011 which has been affirmed in Criminal

Appeal No.46/2021 by the learned Additional Sessions Judge,

Sadulshahar, District Sri Ganganagar vide judgment dated

10.11.2022.

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

(2 of 3) [CRLR-1499/2022]

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 10.11.2022, 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

19.12.2014 passed by learned Judicial Magistrate, Sadulshahar,

District Sri Ganganagar in Criminal Regular Case No.490/2011 and

the judgment in appeal dated 10.11.2022 passed by learned

Additional Sessions Judge, Sadulshahar, District Sri Ganganagar in

Criminal Appeal No.46/2021 are quashed and set aside. The

accused is acquitted from the charges. However, since the dispute

(3 of 3) [CRLR-1499/2022]

has been resolved after long lapse of time and the precious time

of the Courts have been spent by the parties, therefore, it is deem

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 19.12.2014 passed by learned

Judicial Magistrate, Sadulshahar, District Sri Ganganagar in

Criminal Regular Case No.490/2011 shall be rejuvenated without

any reference to the Court.

(FARJAND ALI),J 245-Mamta/-

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