Kedarlal S/O Bhanwar Lal vs Prem Chand Sharma S/O Ram Swaroop ...
2022 Latest Caselaw 4211 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 527/2022

Kedarlal S/o Bhanwar Lal, R/o In Front Of Chandra Toyata
Showroom, Jhalawar Road, Pattharmandi, Car Bazar Road, Near
Meenaji Ki Tea Shop Anantpura, District Kota At Present Survey
No. 078/137, 138, Near Mahakali Mandir, Ajay Ahuja Nagar, Kota
                                                                          ----Petitioner
                                      Versus
Prem Chand Sharma S/o Ram Swaroop Sharma, R/o New Divya
Jyoti School, Near Babeeb Bhai Ki Bodi, Talab Gaon Anantpura,
Kota
                                                                     ----Respondent

For Petitioner(s)           :     Mr. Mukesh Sharma
                                  Mr. Raj Kumar Sharma
For Respondent(s)           :     Mr. Arvind Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL (V.J.)

Order

17/06/2022

This revision petition has been filed challenging the

judgment dated 03.03.2022 passed by Additional Session Judge,

Women Atrocities Cases No.1, Kota in Criminal Appeal

No.320/2018, whereby he upheld the judgment dated 19.09.2018

passed by Special Judicial Magistrate (N.I. Act Cases) No.2, Kota

in Criminal Case No.(CIS)15897/2017 and convicted the petitioner

for offence under Section 138 of the Negotiable Instrument Act,

and sentenced for eight months simple imprisonment with fine of

Rs.2,40,000/- under Section 357(3) of Cr.P.C. and in default of

payment of fine one month simple imprisonment.

Counsel for petitioner submits that respondent-

complainant Prem Chand Sharma, after accepting due amount,

(2 of 2) [CRLR-527/2022]

has entered into compromise with the petitioner and has deposed

his affidavit dated 21.05.2022. The consent letter of complainant-

Prem Chand Sharma has been placed on record.

Counsel for respondent admits to accept the due

amount and deposition of affidavit in pursuance to the

compromise entered into between parties.

Counsel for both parties jointly submits that offence

under Section 138 of N.I. Act is compoundable as per Section 147

of the N.I. Act and once both parties have entered into

compromise, the same may be allowed to be compounded and

both impugned judgments be quashed, consequently petitioner be

acquitted from the offence under Section 138 of the N.I. Act.

Having considered the arguments of counsel for both

parties and perusal of material available on record, this Court finds

that both parties have amicably settled their dispute and

complainant has entered into compromise with the petitioner.

Since the offence of Section 138 of the N.I. Act is compoundable,

amount of fine determined by the trial Court is payable to the

complainant only for which there is no dispute remains after

compromise, as such this Court deems it just and proper to allow

the revision petition in view of compromise.

Accordingly, revision petition is allowed. Both impugned

judgments dated 03.03.2022 and 19.09.2018 are set aside. The

petitioner be released immediately.

(SUDESH BANSAL), (V.J.)

CHANDAN /153

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