Rajendra Kumar vs Sureshchandra ...
2023 Latest Caselaw 2394 Raj

[2023/RJJD/007305]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 470/2022

Rajendra Kumar S/o Bheru Lal Kumhar, Aged About 37 Years, R/o Rasmi, P.s. Rasmi, District Chittorgarh (Raj.)

----Petitioner Versus

1. Sureshchandra S/o Bheru Lal Khatiq, R/o House No. 101 Gandhinagar S, No. 5 Near Mewar Girls College, Chittorgarh (Raj.)

2. State Of Rajasthan, Through Pp

----Respondents

For Petitioner(s) : Mr. Abhishek Charan For Respondent(s) : Mr. S.S. Shaktawat Mr. Abhishek Purohit

HON'BLE MR. JUSTICE FARJAND ALI

Order

22/03/2023

The petitioner has approached this Court for challenging the

judgment dated 11.04.2022 passed by the learned Additional

Session Judge No.3, Chittorgarh in Cr. Appeal No.13/2019

affirming the judgment dated 15.09.2018 passed by the learned

Special Judicial Magistrate (NI Act Cases), Chittorgarh in Criminal

Case No.243/2016 whereby, the petitioner was convicted for the

offence under Section 138 of the Negotiable Instruments Act and

was sentenced to 1 year simple imprisonment and further ordered

to pay compensation to the tune of Rs.7,00,000/- to the

complainant.

Briefly stated, that facts of the case are that the petitioner

was prosecuted for committing an offence under Section 138 of

[2023/RJJD/007305] (2 of 3) [CRLR-470/2022]

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 11.04.2022, hence the present

revision petition has been filed.

The parties have entered into a compromise and have settled

the dispute amicably. Copy of Compromise deed dated 18.01.2023

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 the

judgment of conviction as well as the order of appeal be quashed

and set aside.

Heard learned counsel for the parties. Perused the material

available on record and gone through both the judgments as well

as the compromise deed wherein it is recited that the parties have

resolved their dispute amicably and the complainant does not wish

to continue the proceedings.

Since the precious time of the court has been wasted in the

entire criminal proceedings and now, the parties have arrived at a

compromise at a belated stage, therefore, it is deemed

appropriate to impose cost of proceedings upon the accused.

In view of the compromise arrived at between the parties

and the statutory provision in this regard, the revision petition is

[2023/RJJD/007305] (3 of 3) [CRLR-470/2022]

allowed. The judgment of conviction and order of sentence dated

15.09.2018 passed by the learned Special Judicial Magistrate (NI

Act Cases), Chittorgarh in regular Criminal Case No.243/2016 and

the judgment in appeal dated 11.04.2022 passed by the learned

Additional Session Judge No.3, Chittorgarh in Cr. Appeal

No.13/2019 are quashed and set aside. The accused is acquitted

from the charges. However, since the dispute has been resolved

after long lapse of time and the precious time of the Courts have

been spent by the parties, thus, in light of the Supreme Court

Judgment in the case of Damodar S. Prabhu Vs. Sayed Babulal

H., reported in AIR 2010 SC 1907 it is deemed appropriate to

impose a cost of Rs.25,000/- upon the petitioner. The petitioner is

directed to deposit a cost of Rs.25,000/- before the Rajasthan

State Legal Services Authority within 30 days from the date of

receipt of this order. It is further made clear that if the cost of

proceedings i.e. Rs.25,000/- is not deposited by the petitioner, the

conviction and order of sentence dated 15.09.2018 passed by the

learned Special Judicial Magistrate (NI Act Cases), Chittorgarh in

Criminal Case No.243/2016 shall be rejuvenated without any

reference to the Court.

The bail bonds of the petitioner are discharged.

(FARJAND ALI),J 35-Pramod/-

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