Gabbar Singh vs State Of Rajasthan ...
2023 Latest Caselaw 5532 Raj

[2023:RJ-JD:24789]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 928/2023

Gabbar Singh S/o Dalpat Singh Chouhan, Aged About 43 Years, R/o House No. 93, Subhash Nagar, Udaipur. (At Present Lodged In Central Jail, Udaipur)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sushil Kothari S/o Moti Lal Kothari, R/o C-6, Vardhman Nagar, Uttari Sundarwas, Udaipur.

                                                                 ----Respondents


For Petitioner(s)          :    Mr. Love Jain
For Respondent(s)          :    Mr. S.S. Rajpurohit
                                Mr. Naresh



                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

02/08/2023

1. The matter comes upon an application under Section 5 of the

Limitation Act.

2. For the reasons mentioned in the application, the same is

allowed. The delay of 407 days in filing the revision petition is

condoned.

3. The instant revision petition under Section 397 Cr.P.C. read

with Section 401 Cr.P.C. has been preferred by the petitioner

against the judgment dated 15.03.2022 passed by the learned

Additional Session Judge No.2, Udaipur in Criminal Appeal

No.13/2018, whereby the judgment dated 09.04.2018 passed by

the learned Special Judge Magistrate (NI Act Cases) No.2, Udaipur

in Regular Criminal Case No.720/2015 (CIS No.12912/14)

[2023:RJ-JD:24789] (2 of 3) [CRLR-928/2023]

convicting the petitioner for the offence under Section 138 of the

NI Act and sentencing him to undergo simple imprisonment of six

months alongwith a fine of Rs.75,000/- was upheld.

2. At the outset learned counsel submits that post the

conviction and judgment of appeal, the parties have resolved their

dispute amicably and reached on a settlement and for that a

compromise deed has been executed in between them. A copy of

which has been placed on record. It is recited in the compromise

deed dated 10.07.2023 that the entire due amount has been paid

to the complainant and nothing remains to be paid to him. 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.

3. Learned counsel appearing for the complainant does not

dispute the fact that compromise has entered in between them

and according to which the amount has been paid to the

complainant and now he does not wish to continue proceeding

against the petitioner.

4. In view of the judgment passed by the co-ordinate Bench in

the case of Vishnu Teli Vs. State of Rajasthan & Ors. [S.B.

Criminal Revision Petition No.1734/2009 decided on

25.11.2010], the defect pointed out by the Registry is ignored.

5. The parties have arrived at a compromise and the same has

been placed on record, as per which, the complainant respondent

has received entire amount towards the cheque in question. There

[2023:RJ-JD:24789] (3 of 3) [CRLR-928/2023]

is no outstanding amount or any dispute regarding payment is

pending between the parties. It is also mentioned in the

compromise deed that the parties shall get the revision pending

before this court disposed of. The matter is purely inter se

between the parties and does not affect the interest of the society

or against the maintenance of law and order. Thus, to maintain

harmony among the society and for reestablishment of the

relation between the parties, the compromise which pertain to

bailable offence can be considered even at post conviction stage.

6. 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.

8. Accordingly, the instant Criminal Revision is allowed. The

judgment dated 15.03.2022 passed by the learned Additional

Session Judge No.2, Udaipur in Criminal Appeal No.13/2018,

whereby judgment of conviction and order of sentence dated

09.04.2018 passed by the learned Special Judge Magistrate (NI

Act Cases) No.2, Udaipur in Regular Criminal Case No.720/2015

(CIS No.12912/14) are hereby quashed and set aside and the

petitioner-accused is acquitted from the charge for the offence

punishable under Section 138 of NI Act.

9. All Pending applications stand disposed of.

(FARJAND ALI),J 131-AnilKC/-

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