Surendra Kumar Saini Son Of Shri ... vs State Of Rajasthan
2022 Latest Caselaw 5318 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 178/2022

Surendra Kumar Saini Son Of Shri Rajendra Kumar Saini, Aged
About 35 Years, Resident Of House No. 395/457, Krishna Nagar,
Amer Road, Behind Madhovilas, Brahampuri Jaipur (Raj.)
                                                        ----Accused-Petitioner
                                   Versus
1.     State Of Rajasthan, Through P.P.
                                                                ----Respondent

2. M/s. Jagdamba Book Binding And Printers, Through Proprietor Mukesh Kothotya 21, Govindpuri West Infront Of Sanjha Hotel, Amer Road, Jaipur.

----Complainant-Respondent

For Petitioner(s) : Mr. Sameer Dinesh Kiradiya, Adv. For Respondent(s) : Mr. Ganesh Saini, P.P., Mr. R.C. Goutam, Adv., with Mr. Rohit Gautam, Adv.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

29/07/2022

The present revision petition has been filed against the

judgment dated 16.12.2021 passed by the learned Additional

Sessions Judge No.5, Jaipur Metropolitan-II in Criminal Appeal

No.08/2021 affirming the judgment and order dated 26.02.2021

passed by the learned Special Metropolitan Magistrate (N.I. Act

cases) No.6, Jaipur Metropolitan-II in Criminal Case No.07/2017

whereby the accused-petitioner was convicted and sentenced

under Section 138 of the Negotiable Instruments Act to six

months simple imprisonment with a direction to pay a sum of

Rs.4,00,000/- as compensation and in default of payment of fine,

to further undergo two months simple imprisonment.

(2 of 2) [CRLR-178/2022]

Learned counsel for the accused-petitioner submits that

during pendency of the present revision petition, the dispute of

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

by entering into a compromise.

Perused the record. The compromise, duly verified by the

Registrar (Judicial), is available on record. The offence u/s. 138 of

the Negotiable Instruments Act is compoundable, hence, the

accused-petitioner deserves to be acquitted on the basis of

compromise.

In view of compromise having been entered into between the

parties, the present revision petition is allowed. The orders passed

by the learned trial court as well as by the learned appellate court

dated 26.02.2021 & 16.12.2021 are hereby set aside and the

accused-petitioner is acquitted.

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

forthwith.

The pending interlocutory application(s) also stand(s)

disposed of accordingly.

(UMA SHANKER VYAS),J

Keshav/56

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