Vinay Kumar Mathur S/O Shri Prabhu ... vs Smt. Ajija Begum W/O Shri Mohd. ...
2022 Latest Caselaw 5193 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 538/2022

Vinay Kumar Mathur S/o Shri Prabhu Dayal
                                                                  ----Petitioner
                                   Versus
Smt. Ajija Begum W/o Shri Mohd. Rafiq
                                                                ----Respondent

For Petitioner(s) : Mr. Samarth Sharma, Adv. For Respondent(s) : Mr. Lalit Sharma, Adv.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

27/07/2022

Heard on the application No.184/2022 filed under Section 5

of the Limitation Act.

For the reasons stated in the application No.184/2022, the

same is allowed. The delay in filing the revision petition/criminal

appeal is condoned.

Heard learned counsels for the parties. By this revision petition, the accused-petitioner has assailed

the conviction and sentence passed by the learned trial court and

affirmed/modified by the learned appellate court for offence under

Section 138 of the Negotiable Instruments Act.

Both the learned counsels submit that a compromise has

been arrived at between the parties, which is available on record.

The accused-petitioner was absent at the time of the

judgment by the learned appellate court and still absconding.

In view of law laid down by the Supreme Court in the case of

Damodar S. Prabhu Vs. Sayed Babalal, reported in 2010 (5)

(2 of 2) [CRLR-538/2022]

SCC 663 and considering all relevant factors including the poor

financial condition of the accused-petitioner, as stated by learned

counsel, it is ordered that the accused-petitioner will deposit a

sum of Rs.20,000/- with the Rajasthan State Legal Services

Authority, Jaipur and furnish its receipt before the Registrar

(Judicial). Thereafter, the accused-petitioner either personally or

through Counsel and the complainant in person, shall appear

before the Registrar (Judicial) on 02.08.2022 who will verify the

compromise.

After completion of the ibid process, the matter be again

listed in the Court on 03.08.2022.

(UMA SHANKER VYAS),J

KESHAV GHIYA /31

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