Madan Lal vs State Of Rajasthan
2022 Latest Caselaw 591 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1082/2021

Madan Lal S/o Sh. Pritamdas, Aged About 46 Years, R/o Village 5 D Badi Dullapur Kairi, Sub Tehsil Hindumalkot, Dist. Sriganganagar, Second Address- Madan Lal S/o Sh. Pritamdas Presently Employee Ballot No. 80 A Company Home Guard (Employee) Dullapur Kairi, Sub Teh. Hindumalkot, Dist. Sriganganagar).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Surrendra Middha S/o Sh. Gyanchand Midda, H.no. 48, Satsang Vihar, Near Indra Colony, Sri Ganganagar.

                                                                ----Respondents


For Petitioner(s)          :    Mr. NK Sharma
For Respondent(s)          :    Mr. Vinod Sihag, both through VC



         HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                 Judgment

11/01/2022

The present revision petition has been filed against the

judgment dated 29.11.2021 passed by the learned Addl. Sessions

Judge No.1, Sri Ganganagar in cr. appeal no.250/2017 affirming

the judgment and order dated 22.6.2017 passed by the learned

Special Judicial Magistrate (NI Act Cases) No.2, Sri Ganganagar in

Criminal Original Case No. 385/2016 whereby the petitioner was

convicted and sentenced under Section 138 of the NI Act to one

year simple imprisonment with a direction to pay a sum of Rs.

2,30,000/- as compensation and in default of payment of fine to

further undergo 15 days imprisonment.

(2 of 2) [CRLR-1082/2021]

Learned counsel for the petitioner submits that during the

pendency of the present revision petition, the entire amount has

been paid to the complainant. He further submits that the dispute

of the non-payment of the amount has been settled between the

parties by entering into a compromise. In this regard, the

petitioner has also submitted copies of the affidavits of not only

the petitioner, but also the respondent on record.

Learned counsel for the petitioner relies upon the judgment

of Hon'ble Supreme Court in the case of State of MP Vs. Laxmi

Narayan & ors. Reported in AIR 2019 SC 1296 and Damodar S.

Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663.

The fact of compromise is not disputed by the counsel for the

complainant-respondent.

In view of the judgments of the Hon'ble Supreme Court and

the compromise having been entered into between the parties, the

present revision petition is allowed and the orders dated

29.11.2021 and 22.6.2017 are hereby quashed and set aside.

The petitioner may be released from the judicial custody

forthwith.

(MADAN GOPAL VYAS),J

97-CPGoyal/-

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