Gajendra vs Lokesh (2023/Rjjd/002108)
2023 Latest Caselaw 975 Raj

[2023/RJJD/002108]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1568/2022

Gajendra S/o Tulsiram, Aged About 36 Years, B/c Upli Oadan Ps Nathdwara Dist. Rajsamand

----Petitioner Versus Lokesh S/o Tilkesh, R/o Vallabhpura Ps Nathdwara Dist. Rajsamand

----Respondent

For Petitioner(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Palash Wadhwani

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

24/01/2023

The present cr. revision petition has been preferred by the

petitioner against the order dated 28.9.2022 passed by the

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

Rajsamand in Cr. Appeal No.32/2021 whereby the learned

appellate court rejected the appeal of the petitioner and affirmed

by the order dated 22.4.2016 passed by the learned Addl. Chief

Judicial Magistrate, Nathdawara, District Rajsamand in Regular

Criminal Case No.238/2009 whereby the learned trial court

convicted the petitioner for the offence under Section 138 of the

Negotiable Instrument Act and sentenced him for two years RI

and to pay a fine of Rs.9,00,000/- and in default of payment of

fine to further undergo six months additional simple

imprisonment.

Learned counsel appearing for the petitioner submits that a

compromise has already been arrived at between the parties and

[2023/RJJD/002108] (2 of 2) [CRLR-1568/2022]

therefore, the revision petition may be disposed of on the basis of

compromise arrived at between the parties, impugned orders may

be quashed and set aside and the petitioner may be acquitted

from the charges levelled against him.

Learned counsel appearing for the respondent-complainant

does not dispute with regard to the fact of compromise and has

also submitted that the present revision petition may be disposed

of as the parties have compromised the matter.

In view of the above, the present revision petition is allowed

as per compromise arrived at between the parties. The impugned

order dated 28.9.2022 passed by the learned Special Judge,

SC/ST (Prevention of Atrocities) Act Cases, Rajsamand in Cr.

Appeal No.32/2021 and the order dated 22.4.2016 passed by the

learned Addl. Chief Judicial Magistrate, Nathdawara, District

Rajsamand in Regular Criminal Case No.238/2009 are quashed

and set aside.

(MADAN GOPAL VYAS),J 117-CPGoyal/-

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