Rajiv Dhunna @ Jyoti vs State Of Rajasthan ...
2023 Latest Caselaw 2857 Raj

[2023/RJJD/009487]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 261/2023

Rajiv Dhunna @ Jyoti S/o Sh. Dalvir Dhunna, Aged About 40 Years, Lane Number 8, Setiya Farm, Near Komal Stitching Center, Near Guru Ramdas Gurudwara, Shri Ganganagar (Raj.). (In The Central Jail Sri Ganganagar).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Vishal Katariya S/o Sh. Vijay Katariya, Aged About 30 Years, R/o 665, Vinoba Basti Shri Ganganagar (Raj.).

                                                                   ----Respondents


For Petitioner(s)           :     Mr. Vivek Agarwal
For Respondent(s)           :     Mr. Rahul Balara for
                                  Mr. Himmat Jagga



               HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

10/04/2023

This criminal revision is directed against the judgment of

conviction and order of sentence dated 10.01.2018 passed by the

court of learned Special Judicial Magistrate (N.I.Act Cases) No.1,

Sri Ganganagar in connection with Criminal Case No.655/2012,

whereby the learned court below convicted the petitioner for the

offence punishable under Section 138 of the N.I. Act and

sentenced him to undergo S.I. for a period of one year and fine of

Rs.2,20,000/- and also for quashing of judgment dated

09.02.2023 passed by learned Additional Sessions Judge No.2, Sri

Ganganagar whereby Criminal Appeal No.03/2018 preferred by

[2023/RJJD/009487] (2 of 4) [CRLR-261/2023]

the petitioner has been dismissed and the judgment of conviction

and order of sentence of the trial court was confirmed.

Learned counsel appearing on behalf of the petitioner

submits that petitioner is a handicapped person and he is not in a

position to pay the cost it is a case of dishonor of cheque, for

which the petitioner has been convicted and sentenced as stated

above under Section 138 of the N.I. Act and now during pending

of this criminal revision, both the parties have resolved their

disputes amicably through a joint compromise dated 06.04.2023,

which has been duly attested and the same has been filed before

this Court. Learned counsel for the petitioner further submits that

as per compromise deed the petitioner has given the cheque

amount to the complainant. He further submits that presently, the

petitioner is behind the bar. It is further submitted that the

petitioner has been convicted under Section 138 of the NI Act,

which is compoundable in nature and as the parties have arrived

at compromise, thus nothing survives for consideration in this

revision petition, therefore, the judgments passed by both the

Courts below may be quashed and set aside.

Mr. Rahul Balara, learned counsel appearing for Mr. Himmat

Jaggar for the respondent does not dispute the fact that the

parties have arrived at a compromise and the same has already

been placed on record. Complainant- respondent has received

entire amount towards the cheque in question. There is no

outstanding amount or any dispute regarding payment is pending

between the parties, therefore, the revision petition may be

decided in the light of compromise dated 06.04.2023.

[2023/RJJD/009487] (3 of 4) [CRLR-261/2023]

Heard counsel for the parties, perused the compromise dated

06.04.2023 and record available before the Court.

Upon consideration of the submissions made above and on

perusal of the material available on record, this Court deems it fit

to allow the instant Criminal Revision in terms of the aforesaid

memo of compromise.

Accordingly, the instant Criminal Revision is allowed. The

judgment of conviction and order of sentence dated 10.01.2018

passed by the court of learned Special Judicial Magistrate (N.I.Act

Cases) No.1, Sri Ganganagar in connection with Criminal Case

No.655/2012 and the judgment dated 09.02.2023 passed by

learned Additional Sessions Judge No.2, Sri Ganganagar in

Criminal Appeal No.03/2018 are hereby quashed and set aside

and the petitioner-accused is acquitted from the charges

punishable under Section 138 of NI Act. Thus, he shall be released

forthwith, if not required in any other case. The Memo of

compromise dated 06.04.2023 signed by both the parties, shall

form part of this order. The respondent-complainant is permitted

to withdraw the amount so deposited by the accused-petitioner

during proceedings of the appeal. However, the relationship

between the parties will be governed by the terms of the

compromise. The petitioner is further directed to deposit a cost of

Rs.10,000/- before the District Legal Service Authority, Sri

Ganganagar within a period of one month from the date of receipt

of this order. Needless to say that in case of failure of deposition of

[2023/RJJD/009487] (4 of 4) [CRLR-261/2023]

the amount before the DLSA, Sri Ganganagar within the stipulated

period, the learned trial Court shall inform this Court regarding

non-deposition of the amount before the DLSA, Sri Ganganagar

and the judgments of the Courts below shall be rejuvenated.

All Pending applications stand disposed of.

(FARJAND ALI),J 189-Mamta/-

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