Mohan Lal vs State And Anr. ...
2023 Latest Caselaw 4831 Raj

[2023/RJJD/016177]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 745/2016

Mohan Lal S/o Shri Kurdu Ram, aged about 35 years, By Caste
Nayak; R/o 29 N.P. (Sunarawali Dhani), Tehsil Raisinghnagar,
District Sri Ganaganagar (Rajasthan).
                                                                      ----Petitioner
                                     Versus
1. State Of Rajasthan
2. Smt. Hansa Kumar W/o Man Singh By Caste Rajput, R/p
Sameja Kothi,        Tehsil Raisinghnagar, District Sri Ganaganagar
(Rajasthan).
                                                                    ----Respondent


For Petitioner(s)          :     Mr. Om Prakash
For Respondent(s)          :     Mr. Javeed Gauri, PP
                                 Mr. Abhishk Agarwal for R-2
                                 Mr. Ashish Gehlot



               HON'BLE MR. JUSTICE FARJAND ALI

                                      Order

DATE OF ORDER                            :::                       18/05/2023


BY THE COURT:-

1. This criminal revision under Section 397/401 Cr.P.C. is

directed against the judgment of conviction and order of sentence

dated 22.07.2015 passed by the court of learned Additional Chief

Judicial Magistrate, Raisinghnagar, District Sriganganagar in

connection with Criminal Misc. Case No.349/2012 whereby the

learned court below convicted the petitioner for the offence

punishable under Section 138 of the N.I. Act and sentenced him to

undergo S.I. for a period of one year and fine of Rs.1,50,000/-

and in default to further undergo 2 months S.I. and also for

[2023/RJJD/016177] (2 of 4) [CRLR-745/2016]

quashing of the judgment dated 08.06.2016 passed by learned

Additional Sessions Judge, Raisinghnagar, District Sri Ganganagar

in Criminal Appeal No.36/2015 preferred by the petitioner was

dismissed and the judgment of conviction and order of sentence of

the trial court was confirmed.

2. Learned counsel appearing on behalf of the petitioner

submits that it is a case of dishonor of cheque, for which the

petitioner has been convicted and sentenced as stated above

under Section 138 of the N.I. Act and now during pending of this

criminal revision, both the parties have resolved their disputes

amicably through a joint compromise dated 13.04.2023, which

has been duly attested and the same has been filed before this

Court. Learned counsel for the petitioner further submits that as

per compromise deed the petitioner has given the cheque amount

to the complainant in cash. He further submits that petitioner is

behind the bar. 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. Mr. Abhishek Agarwal, learned counsel appearing for the

respondent No.2 does not dispute the fact that the parties have

arrived at a compromise and the same has already been placed on

record. Complainant- respondent No.2 has received entire amount

towards the cheque in question. There is no outstanding amount

or any dispute regarding payment is pending between the parties,

[2023/RJJD/016177] (3 of 4) [CRLR-745/2016]

therefore, the revision petition may be decided in the light of

compromise dated 13.04.2023.

4. Heard counsel for the parties, perused the compromise dated

13.04.2023 and record available before the Court.

5. 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.

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

judgment of conviction and order of sentence 22.07.2015 passed

by the Court of learned Additional Chief Judicial Magistrate,

Raisinghnagar, District Sriganganagar in connection with Criminal

Misc. Case No.349/2012 and the judgment dated 08.06.2016

passed by learned Additional Sessions Judge, Raisinghnagar,

District Sri Ganganagar in Criminal Appeal No.36/2015 are

quashed and set aside and the petitioner-accused is behind the

bar, he acquitted from the charges punishable under Section 138

of NI Act thus, he be released forthwith. The Memo of compromise

dated 13.04.2023 signed by both the parties, shall form part of

this order. However, the relationship between the parties will be

governed by the terms of the compromise. The petitioner is

further directed to deposit a cost of Rs.10,000/- before the District

Legal Service Authority, Sri Ganganagar within a period of one

month from the date of receipt of this order. Needless to say that

in case of failure of deposition of the amount before the DLSA, Sri

[2023/RJJD/016177] (4 of 4) [CRLR-745/2016]

Ganganagar within the stipulated period, the judgments of the

Courts below shall be rejuvenated.

7. All pending applications, if any, shall stand disposed of.

(FARJAND ALI),J 323-Mamta/-

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