Ramsingh Son Of Shri Noranglal ... vs Durgaprasad Meena Son Of Shri ...
2023 Latest Caselaw 1040 Raj/2

[2023/RJJP/001065]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Criminal Revision Petition No. 2044/2022

Ramsingh Son Of Shri Noranglal Saini, Resident Of Dhani Kudala
Tan Nanuwali Bawadi Tehsil And Police Station Khatri, District
Jhunjhunu (Raj)
                                                                    ----Petitioner
                                     Versus
Durgaprasad Meena Son Of Shri Malaram, Resident Of Dalelpura,
Tehsil Khetri, District Jhunjhunu (Raj)
                                                                  ----Respondent

For Petitioner(s) : Mr. Ashok Veer Singh Nirwan Mr. A.N. Khan For Respondent(s) : Mr. Bajrang Lal Meena Mr. Suresh Kumar, PP

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

31/01/2023

The present revision petition has been filed by the petitioner

against the order dated 05.08.2021 passed by the Court of

Additional District and Sessions Judge, Khetri, District Jhunjhunu

in Criminal Appeal No.145/2019 against the judgment and order

dated 14.11.2019 passed by the Court of learned Judicial

Magistrate, Khetri, District Jhunjhunu in criminal original case

No.353/2015 (N.I. Act/50/2015) whereby the accused-petitioner

was convicted and sentenced under Section 138 of N.I. Act for two

years simple imprisonment, along with a direction to pay

Rs.10,30,000/- as compensation and in default of the payment of

fine, to further undergo three months of simple imprisonment.

Learned counsel for the petitioner submits that during

pendency of the present revision petition, a compromise has been

[2023/RJJP/001065] (2 of 2) [CRLR-2044/2022]

arrived at between the parties and therefore, the dispute of non-

payment of the amount has been settled between the parties.

The compromise, duly verified by the Registrar (Judicial), is

available on record.

Heard learned counsel for the parties and perused the

record.

The offence under Section 138 of the N.I. Act is

compoundable, hence the accused-petitioner deserves to be

acquitted on the basis of the compromise.

In view of the fact that the parties have entered into the

compromise, the present revision petition is allowed. The orders

dated 14.11.2019 passed by the Court of learned Judicial

Magistrate, Khetri, District Jhunjhunu as well as 05.08.2021

passed by learned Additional District and Sessions Judge, Khetri,

District Jhunjhunu respectively are hereby set aside. The accused-

petitioner, who is at present in judicial custody, be released

forthwith.

All the pending applications and the Stay application is also

disposed of accordingly.

(ASHUTOSH KUMAR),J

AARZOO ARORA /11

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