Ramesh Keer vs Devi Lal (2023:Rj-Jd:25561)
2023 Latest Caselaw 5843 Raj

[2023:RJ-JD:25561] (1 of 3) [CRLR-1046/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1046/2023

Ramesh Keer S/o Partha Keer @ Prithviraj Keer, Aged About 45 Years, R/o Keeron Ka Bhagal, P.s. Vallabhnagar, District Udaipur (Raj.) (At Present Lodged At Central Jail, Udaipur)

----Petitioner Versus

1. Devi Lal S/o Shobha Lal Menaria, R/o Kharsan, Tehsil Vallabhnagar, District Udaipur (Raj.)

2. State Of Rajasthan, Through Pp

----Respondents

For Petitioner(s) : Mr. Abhishek Charan For Respondent(s) : Mr. S.K. Bhati, P.P.

Ms. Sampati Choudhary

HON'BLE MR. JUSTICE FARJAND ALI

Order

11/08/2023

1. The instant revision petition under Section 397/401 CrPC has

been preferred by the petitioner against the judgment dated

28.09.2021 passed by the learned Additional Session Judge, No.

1, Udaipur in Criminal Appeal No.315/2018, whereby the

judgment dated 31.07.2018 passed by the learned Additional

Chief Judicial Magistrate, Vallabhnagar, Udaipur in Criminal

Regular Case No.112/2016 convicting the petitioner for the

offence under Section 138 of the NI Act and sentencing him to

undergo simple imprisonment of one year along with a fine of

Rs.4,00,000/- was upheld.

2. Learned counsel for the petitioner has placed on record a

compromise -cum- agreement with the complainant. It is recited

[2023:RJ-JD:25561] (2 of 3) [CRLR-1046/2023]

in the compromise deed dated 23.07.2023 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. Heard counsel for the petitioner as well as learned counsel

for the complainant and learned Public Prosecutor, perused the

compromise dated 23.07.2023 and record available before the

Court.

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

already been placed on record, as per which, the 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. It is also

mentioned in the compromise deed that the parties shall get the

revision pending before this court disposed of.

5. 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.

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

judgment of conviction and order of sentence dated 31.07.2018

passed by the learned Additional Chief Judicial Magistrate,

Vallabhnagar, Udaipur in Criminal Regular Case No.112/2016 and

[2023:RJ-JD:25561] (3 of 3) [CRLR-1046/2023]

the judgment dated 28.09.2021 passed by the learned Additional

Session Judge, No. 1, Udaipur in Criminal Appeal No.315/2018 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. The petitioner is in custody. He shall be

released forthwith if not wanted in any other case.

7. All Pending applications stand disposed of.

(FARJAND ALI),J 254-Pramod/-

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