Vaibhav Upadhyay vs Govind Lal (2023/Rjjd/013147)
2023 Latest Caselaw 3880 Raj

[2023/RJJD/013147]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 220/2022

Vaibhav Upadhyay S/o Sudhindra Upadhyay, Aged About 40 Years, J.k. Turn, Street No. 1, Kankroli, P.s. Kankroli, Dist. Rajsamand.

----Petitioner Versus

1. Govind Lal S/o Bhanwar Lal Sahoo, Kankroli, P.s.kankroli, Dist. Rajsamand.

2.       State Of Rajasthan, Through Pp
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Sudhir Saruparia
For Respondent(s)         :     Mr. M.S. Godara



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

02/05/2023

1. The instant revision petition under Section 397 Cr.P.C. read

with Section 401 Cr.P.C. has been preferred by the petitioner

against the judgment dated 21.12.2021 passed by the learned

Additional Session Judge, Rajsamand in Criminal Appeal

No.57/2019, whereby the judgment dated 21.09.2019 passed by

the learned Additional Chief Judicial Magistrate, Rajsamand in

Regular Criminal Case No.52/2016 convicting the petitioner for the

offence under Section 138 of the NI Act and sentencing him to

undergo simple imprisonment of one year alongwith a fine of

Rs.6,00,000/- was upheld.

2. At the outset learned counsel submits that post the

conviction and judgment of appeal, the parties have resolved their

dispute amicably and reached on a settlement and for that a

[2023/RJJD/013147] (2 of 3) [CRLR-220/2022]

compromise deed has been executed in between them. A copy of

which has been placed on record. It is recited in the compromise

deed dated 27.04.2023 that the entire due amount has been paid

to the complainant and nothing remains to be paid to him. It is

further submitted that the petitioner has been convicted under

Section 138 of the NI Act, which is compoundable in nature and as

the parties have arrived at compromise, thus nothing survives for

consideration in this revision petition, therefore, the judgments

passed by both the Courts below may be quashed and set aside.

3. Learned counsel appearing for the complainant does not

dispute the fact that compromise has entered in between them

and according to which the amount has been paid to the

complainant and now he does not wish to continue proceeding

against the petitioner.

4. In view of the judgment passed by the co-ordinate Bench in

the case of Vishnu Teli Vs. State of Rajasthan & Ors. [S.B.

Criminal Revision Petition No.1734/2009 decided on

25.11.2010], the defect pointed out by the Registry is ignored.

5. The parties have arrived at a compromise and the same has

been placed on record, as per which, the complainant respondent

has received entire amount towards the cheque in question. There

is no outstanding amount or any dispute regarding payment is

pending between the parties. It is also mentioned in the

compromise deed that the parties shall get the revision pending

before this court disposed of. The matter is purely inter se

between the parties and does not affect the interest of the society

or against the maintenance of law and order. The dispute arose

[2023/RJJD/013147] (3 of 3) [CRLR-220/2022]

between them owing to some discord in connection with the

business relation which has now been resolved. Thus, to maintain

harmony among the society and for reestablishment of the

relation between the parties, the compromise which pertain to

bailable offence can be considered even at post conviction stage.

6. Upon consideration of the submissions made above and on

perusal of the material available on record, this Court deems it fit

to allow the instant Criminal Revision in terms of the aforesaid

memo of compromise.

8. Accordingly, the instant Criminal Revision is allowed. The

judgment of conviction and order of sentence dated 21.12.2021

passed by the court of learned Additional Session Judge,

Rajsamand in Criminal Appeal No.57/2019 and the judgment

dated 21.09.2019 passed by the learned Additional Chief Judicial

Magistrate, Rajsamand in Regular Criminal Case No.52/2016 are

hereby quashed and set aside and the petitioner-accused is

acquitted from the charge for the offence punishable under

Section 138 of NI Act.

9. All Pending applications stand disposed of.

(FARJAND ALI),J 179-AnilKC/-

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