Ranjeet Singh vs State Of Rajasthan
2022 Latest Caselaw 11652 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6169/2022

Ranjeet Singh S/o Shri Sadhu Singh, Aged About 40 Years, R/o Chak 11 Apd, Tehsil Srivijaynagar, District Sriganganagar, Rajasthan. (Lodged In Sub Jail, Anupgarh, District Sri Ganganagar)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Durgesh Kumar S/o Shri Birbal Das, R/o 1 A-9, Ward No. 7, Adarsh Colony, Tehsil Anupgarh, District Sri Ganganagar, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. S. K. Bhati, P. P.

Mr. Ramdev Rajpurohit for the complainant

JUSTICE DINESH MEHTA

Order

19/09/2022

1. By way of this criminal misc. petition under Section 482

Cr.P.C., the accused-petitioner has approached this Court

challenging the order dated 02.09.2020 passed by learned

Additional District & Sessions Judge, Anoopgarh, District Sri

Ganganagar (hereinafter referred to as the 'Appellate Court')

whereby the Appellate Court has vacated the order of suspension

of sentence of the petitioner.

2. The brief facts relevant for the present purposes are that

vide judgment dated 20.02.2019 passed by Judicial Magistrate,

Anoopgarh, District Sri Ganganagar (hereinafter referred to as the

'trial Court') the petitioner was convicted for the offence under

(2 of 3) [CRLMP-6169/2022]

Section 138 of the Negotiable Instruments Act, 1881 (hereinafter

referred to as the 'NI Act'), as the cheque of Rs.1,00,000/- issued

by him got dishonored.

3. Being aggrieved of the order dated 20.02.2019, the

petitioner preferred an appeal before the Appellate Court.

4. The Appellate Court vide order dated 16.03.2019 allowed the

application of the petitioner for suspension of sentence.

5. Against the order dated 16.03.2019, the complainant filed an

application as the petitioner did not deposit 20% amount in

compliance of the order.

6. The Appellate Court vide order dated 02.09.2020 has not

only vacated the order of suspension of sentence of the petitioner

but also dismissed the appeal.

7. Mr. Vijay Kumar Gaur, learned counsel for the petitioner

submits that though the present petition was preferred challenging

the order dated 02.09.2020 but during the pendency of the

present misc. petition the complainant and the petitioner have

entered into a compromise on 12.09.2022 and resolved the

dispute.

8. A copy of the compromise dated 12.09.2022 has been

placed on record.

9. Learned counsel for the complainant, while accepting the

factum of compromise, submits that the complainant has received

a sum of Rs.1,00,000/- equal to the cheque amount with which he

is satisfied. He submits that the complainant does not wish to

recover the fine amount i.e. Rs.1,15,000/-.

10. In view of the aforesaid and considering the submissions

made on behalf of the respective parties; the material made

(3 of 3) [CRLMP-6169/2022]

available for my perusal and considering that the complainant is

satisfied and that the dispute is purely a private dispute, this

Court feels that in order to establish harmony between the

petitioner and the complainant and give quietus to the litigation, it

would be expedient that the conviction order dated 20.02.2019 is

set aside.

11. The present case is wholly covered by the principle of law

laid down by the Hon'ble the Supreme Court in the case of Gian

Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J.

(SC) 4934 and in the case of State of Haryana & Ors. Vs.

Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the

conviction order dated 20.02.2019 is liable to be set aside in view

of compromise arrived at between the parties.

12. In view of the above, this criminal misc. petition is allowed

and the conviction dated 20.02.2019 passed by Judicial

Magistrate, Anoopgarh, District Sri Ganganagar and the order

dated 02.09.2020 passed by learned Additional District & Sessions

Judge, Anoopgarh, District Sri Ganganagar are hereby set aside.

Consequence to follow.

13. The stay application also stands disposed of.

(DINESH MEHTA),J 345-A.Arora/-

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