Satyanarayan Teli vs Rajiv Kumar Jain ...
2023 Latest Caselaw 6447 Raj

[2023:RJ-JD:27328]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1090/2023

Satyanarayan Teli S/o Mangi Lal Teli, Aged About 56 Years, R/o

Sharda Nagar Corner Plot No. 8-9 Bohra Ganesh Marg Dhulkot

Tehsil Girva Dist. Udaipur

----Petitioner

Versus

Rajiv Kumar Jain S/o Manmal Jain, R/o 3/10 Jaishree Colony

Dhulkot Tehsil Girva Dist. Udaipur

----Respondent

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

HON'BLE MR. JUSTICE FARJAND ALI

Order

28/08/2023

1. An application under Section 5 of the Limitation Act has been

filed by the petitioner for condoning the delay of 411 days

occurred in filing the revision petition.

2. For the reasons stated in the application the same is allowed.

Delay of 411 days in filing the revision petition is condoned.

3. This criminal revision is directed against the judgment of

conviction and order of sentence dated 13.09.2018 passed by the

court of learned Judicial Magistrate No.2, Udaipur in connection

with Criminal Regular Case No.825/2015 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

[2023:RJ-JD:27328] (2 of 4) [CRLR-1090/2023]

S.I. for a period of six months and fine of Rs.1,85,000/- and also

for quashing of the judgment dated 05.04.2022 passed by learned

Special Judge, SC/ST (Prevention of Atrocities) Act Cases Udaipur

in Criminal Appeal No.19/2018 preferred by the petitioner has

been dismissed and the judgment of conviction and order of

sentence of the trial court was confirmed.

4. Learned counsel appearing on behalf of the petitioner

submits that 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 28.07.2023, 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 in cash. He further submits that petitioner was

granted bail by the Appellate Court and presently, he is not 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.

5. Mr. Naresh Khatri, learned counsel appearing 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

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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 28.07.2023.

6. Heard counsel for the parties, perused the compromise dated

28.07.2023 and record available before the Court.

7. 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 of conviction and order of sentence dated 13.09.2018

passed by the court of learned Judicial Magistrate No.2, Udaipur in

connection with Criminal Regular Case No.825/2015 and the

judgment dated 05.04.2022 passed by learned Special Judge

SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Criminal

Appeal No.19/2018 are hereby quashed and set aside and the

petitioner-accused is acquitted from the charges punishable under

Section 138 of NI Act. The Memo of compromise dated

28.07.2023 signed by both the parties, shall form part of this

order. 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.15,000/- before the District

Legal Service Authority, Udaipur 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 the amount before the DLSA, Udaipur

[2023:RJ-JD:27328] (4 of 4) [CRLR-1090/2023]

within the stipulated period, the judgments of the Courts below

shall be rejuvenated. The petitioner need not to surrender. The

order of sentence issued against him shall be withdrawn forthwith

after compliance of this order.

9. Stay petition and all pending applications stand disposed of.

(FARJAND ALI),J 104-Mamta/-

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