Sohanlal Godara vs State Of Rajasthan
2022 Latest Caselaw 890 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 48/2022

Sohanlal Godara S/o Shri Chhagan Lal, Aged About 43 Years, R/o Village Bhompura, Via Sandwa, Presently Posted As Teacher, Govt. Secondary School, Bhatolai, Tehsil Bidasar, District Churu.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Ashok Kumar Atri S/o Mahaveer Prasad Atri (Swami), R/o Pragati Nagar, Sujangarh, District Churu.

----Respondents

For Petitioner(s) : Mr. GR Punis, Sr. Advocate with Mr. Rajesh Punia, through VC For Respondent(s) : Mr. Pradeep Khinchi, through VC

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

18/01/2022

The present revision petition has been filed against the

judgment dated 27.10.2021 passed by the learned Addl. Sessions

Judge, Sujangarh, District Churu in cr. appeal no.3/2019 affirming

the judgment and order dated 29.1.2019 passed by the learned

Addl. Chief Judicial Magistrate, Sujangarh in Criminal Original Case

No.135/2015 whereby the petitioner was convicted and sentenced

under Section 138 of the NI Act to two years simple imprisonment

with a direction to pay a sum of Rs. 7,50,000/- as compensation

and in default of payment of fine to further undergo three months

imprisonment.

Learned counsel for the petitioner submits that during the

pendency of the present revision petition, the entire amount has

(2 of 2) [CRLR-48/2022]

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 copy of the affidavit 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

27.10.2021 and 29.1.2019 are hereby quashed and set aside.

If the petitioner is in the judicial custody, he be released

forthwith.

All the interlocutory applications as well as the stay

application also stand disposed of accordingly.

(MADAN GOPAL VYAS),J 84-CPGoyal/-

Powered by TCPDF (www.tcpdf.org)