Kesar Devi vs State Of Rajasthan ...
2023 Latest Caselaw 3845 Raj

[2023/RJJD/012876]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 326/2023

Kesar Devi W/o Kartar Singh (Employee Military Hospital Cantonment Area), Aged About 65 Years, R/o Ward No. 4 Sadhuwali Tehsil And Dist. Shri Ganganagar Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Kamla Devi W/o Late Sh. Banwari Lal, Aged About 60 Years, R/o Vill. Sadhuwali Tehsil And Dist. Shri Ganganagar Raj.

----Respondents

For Petitioner(s) : Mr. Vivek Aggarwal For Respondent(s) : Mr. K.D. Singh on behalf of Mr. Vipin Makkad.

HON'BLE MR. JUSTICE FARJAND ALI

Order

01/05/2023

1. The instant revision petition is barred by limitation from 242

days. An application under Section 5 of the Limitation Act has

been preferred seeking condonation of delay.

2. In the facts and circumstances of the case and looking to the

reasons mentioned in the application under Section 5 of the

Limitation Act, the same is allowed. The delay in filing the

revision petition is condoned.

3. The petitioner has approached this Court for challenging the

judgment dated 29.04.2022 passed by the learned Additional

Session Judge No.1, Sri Ganganagar in Cr. Appeal No.352/2017

affirming the judgment dated 24.08.2017 passed by the learned

Special Judicial Magistrate (NI Act Cases) No.2, Sri Ganganagar in

[2023/RJJD/012876] (2 of 3) [CRLR-326/2023]

Criminal Case No.955/2016 whereby, the petitioner was convicted

for the offence under Section 138 of the Negotiable Instruments

Act and was sentenced to six months' simple imprisonment and

further ordered to pay compensation to the tune of Rs.75,000/- to

the complainant.

3. Briefly stated, that 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, she 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 29.04.2022, hence the present

revision petition has been filed.

4. The parties have entered into a compromise and have settled

the dispute amicably. Copy of Compromise deed dated 19.04.2023

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.

5. 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

[2023/RJJD/012876] (3 of 3) [CRLR-326/2023]

resolved their dispute amicably and the complainant does not wish

to continue the proceedings.

6. In view of the compromise arrived at between the parties

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

allowed. The judgment of conviction and order of sentence dated

24.08.2017 passed by the learned Special Judicial Magistrate (NI

Act Cases) No.2, Sri Ganganagar in Criminal Case No.955/2016

and the judgment in appeal dated 29.04.2022 passed by the

learned Additional Session Judge No.1, Sri Ganganagar in Cr.

Appeal No.352/2017 are quashed and set aside. The accused is

acquitted from the charges. She shall be released from prison

forthwith if not wanted in any other case.

7. The revision petition and pending all Misc. application are

disposed of.

(FARJAND ALI),J 109-Pramod/-

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