Sonu @ Shivlahri vs Deenbhandhu (2023:Rj-Jd:37034)
2023 Latest Caselaw 8931 Raj

[2023:RJ-JD:37034]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1493/2023

Sonu @ Shivlahri S/o Shri Narayan Gaggar, Aged About 32 Years, R/o- Khiniya, District Bundi. (Presently Lodged In District Jail Bhilwara).

----Petitioner Versus

1. Deenbhandhu S/o Shri Gangadhar Bhatt, R/o- Gandhi Chowck, Purani Aabadi, Mandalgarh, District Bhilwara.

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


For Petitioner(s)         :     Mr. Ramesh Purohit
For Respondent(s)         :     Mr. A.R. Choudhary, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

01/11/2023

1. The instant criminal revision petition is barred by limitation

from 445 days. An application under Section 5 of the Limitation

Act has been preferred seeking condonation of delay. For the

grounds and reasons mentioned therein, the same is allowed. The

delay in filing the revision petition is condoned. The same be

treated to be filed within limitation.

2. Looking to the nature of offence and other facts and

circumstances of the case, with the consent of the learned counsel

for the petitioner and the learned Public Prosecutor, the revision

petition itself is being heard and decided today itself.

3. The instant criminal revision petition under Section 397/401

CrPC has been preferred by the petitioner against the judgment

dated 10.05.2022 passed by the learned Additional Sessions

[2023:RJ-JD:37034] (2 of 3) [CRLR-1493/2023]

Judge No.3, Bhilwara Camp Mandalgarh in Criminal Appeal

No.277/2019 whereby the learned appellate court affirmed the

judgment of conviction and order of sentence dated 18.12.2018

passed by the learned Judicial Magistrate, Bijoliya, District

Bhilwara in Criminal Regular Case No.10/2015 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.5,00,000/- with default sentence of one

month's simple imprisonment.

4. Learned counsel for the petitioner has placed on record a

compromise deed executed between the son of the petitioner and

the complainant. It is recited in the compromise deed dated

26.10.2023 that the out of the total cheque amount of

Rs.2,50,000/-, the complainant has received Rs.2,50,000/- in

cash. 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.

5. Heard counsel for the petitioner, learned counsel for the

complainant and learned Public Prosecutor, perused the

compromise dated 26.10.2023 and other material available on

record.

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

already been placed on record, as per which, the complainant-

respondent has settled the dispute by receiving amount in

question. There is no outstanding amount or any dispute

[2023:RJ-JD:37034] (3 of 3) [CRLR-1493/2023]

regarding payment is pending between the parties. It is also

mentioned in the compromise deed that the parties shall get the

revision petition pending before this court disposed of.

7. 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 18.05.2022

passed by the learned Judicial Magistrate, Bijoliya, District

Bhilwara in Criminal Regular Case No.10/2015 and the judgment

dated 10.05.2023 passed by the learned Additional Sessions

Judge, No.3, Bhilwara Camp Mandalgarh in Criminal Appeal

No.277/2019 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. He shall be released from

prison forthwith, if not wanted in any other case.

9. All Pending applications shall also stand disposed of.

(FARJAND ALI),J 256-Mamta/-

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