Rajasthan High Court
Mukesh Sharma Proprietor Shri ... vs State Of Rajasthan (2023:Rj-Jp:40711) on 19 December, 2023
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2023:RJ-JP:40711]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1906/2023
1. Mukesh Sharma Proprietor Shri Goverdhan Polymers, Plot
No. 630, Mahaveer Nagar, Gopalpura Jaipur
2. Goverdhan Polymers Shri Mukesh Sharma, Proprietor Plot
No. 51, Sarlasar Industrial Area Village Jeisalya Road No.
17, Vishwakarma Industrial Area Jaipur
----Petitioners
Versus
1. State Of Rajasthan, Through P.p
2. Nitesh Gupta Legal Heirs Of Late Shri Krishan Gopal
Gupta S/o Shri Damodarlal Gupta, Proprietor Anita Plastic
A-140, Srinivas Nagar, Road No. 6, Vishwakarma
Industrial Area Jaipur (Raj)
----Respondents
For Petitioner(s) : Mr. Neeraj Sharma
For Respondent(s) : Mr. M.K. Sheoran - PP
Mr. Keshav Sharma for complainant.
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
19/12/2023
1. An application under Section 5 of the Limitation Act seeking
condonation of delay in filing the present criminal revision petition
has been filed.
2. For the reasons mentioned in the application, the same is
allowed. The delay of 311 days in filing the criminal revision
petition is condoned.
3. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 30.09.2022 passed by learned Additional District & Sessions
[2023:RJ-JP:40711] (2 of 3) [CRLR-1906/2023]
Judge No.6, Jaipur Metropolitan-II in Criminal Appeal No.84/2022
(CIS No.102/2022), whereby, the judgment of conviction and
order of sentence dated 28.02.2022 passed by the learned Special
Metropolitan Magistrate (N.I. Act Cases) No.10, Jaipur
Metropolitan-II in Criminal Case No.419/2017 was upheld. The
petitioner was convicted and sentenced as under:-
Section 138 of N.I. Act:
Six months' simple imprisonment alongwith a fine of
Rs.6,75,000/- and in default of payment of which, he was
further ordered to undergo three months' simple
imprisonment.
4. Brief facts of the case are that the petitioner was prosecuted
for committing an offence under Section 138 of the Negotiable
Instruments Act. After completion of trial, he was found guilty
and thus, was convicted and sentenced by the learned trial court.
The judgment of conviction was assailed by the petitioner by way
of filing a criminal appeal but the same has been dismissed vide
judgment dated 30.09.2022, hence, the petitioner preferred the
present revision petition.
5. The parties have entered into a compromise and have settled
the dispute amicably. Copy of compromise (Annexure-3) has been
placed on record. Parties have resolved the dispute since the
petitioner has paid the due amount satisfying the respondent-
claimant. As per Section 147 of the N.I. Act, an offence under
Section 138 of the N.I. Act is compoundable without taking
permission of the Court. Thus, it is jointly prayed that both the
judgments be quashed and set aside.
6. Heard learned counsel for the parties. Perused the material
available on record and gone through both the judgments as well
as the compromise, wherein, it is recited that the parties have
[2023:RJ-JP:40711] (3 of 3) [CRLR-1906/2023]
resolved their dispute amicably and the complainant does not wish
to continue the proceedings.
7. In view of the compromise arrived at between the parties
and the statutory provision in this regard, the revision petition is
allowed. The judgment dated 30.09.2022 passed by learned
Additional District & Sessions Judge No.6, Jaipur Metropolitan-II in
Criminal Appeal No.84/2022 (CIS No.102/2022), whereby, the
judgment of conviction and order of sentence dated 28.02.2022
passed by the learned Special Metropolitan Magistrate (N.I. Act
Cases) No.10, Jaipur Metropolitan-II in Criminal Case
No.419/2017 are quashed and set aside. The accused is acquitted
from the charges.
8. All pending applications stand disposed of.
(PRAVEER BHATNAGAR),J
ASHWINI KUMAR CHOUHAN /680
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