Rajasthan High Court - Jodhpur
Prem Singh Champawat vs State Of Rajasthan ... on 5 October, 2023
Bench: Farjand Ali
[2023:RJ-JD:33911]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1281/2022
Prem Singh Champawat S/o Sh. Hukam Singh Champawat,
Aged About 60 Years, B/c Rajput, R/o Near Mataji Temple,
Ganga Vihar Colony, Sangariya, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Prakash Budhwani S/o Sh. Purushottam Das
Budhwani, B/c Sindhi, R/o 2/594, Kudi Bhagtasani
Housing Board, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Rajaram Tiwadi
For Respondent(s) : Mr. Gaurav Singh, P.P.
Mr. Ritesh Gehlot
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/10/2023
1. The defects pointed out by the Registry is overruled.
2. The petitioner has approached this Court for challenging
the judgment dated 31.08.2022 passed by the learned
Additional District & Sessions Judge No.4, Jodhpur
Metropolitan in Criminal Appeal No.657/2017 affirming
the judgment dated 18.11.2017 passed by the Additional
Civil Judge and Metropolitan Magistrate No.9, Jodhpur
Metropolitan in Criminal Original Case No.1716/2013
whereby, the petitioner was convicted and sentenced to
suffer maximum punishment of eight months simple
imprisonment for the offence under Section 138 of the
[2023:RJ-JD:33911] (2 of 4) [CRLR-1281/2022]
Negotiable Instruments Act and a fine of Rs.1,42,000/-
was imposed upon him.
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, 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 31.08.2022,
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 25.09.2023 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 resolved their dispute
[2023:RJ-JD:33911] (3 of 4) [CRLR-1281/2022]
amicably and the complainant does not wish to continue
the proceedings.
6. 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.
7. 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 18.11.2017 passed by the
Additional Civil Judge and Metropolitan Magistrate No.9,
Jodhpur Metropolitan in Criminal Original Case
No.1716/2013 and the judgment in appeal dated
31.08.2022 passed by the learned Additional District &
Sessions Judge No.4, Jodhpur Metropolitan in Criminal
Appeal No.657/2017 are quashed and set aside. The
accused is acquitted from the charge. 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.10,000/- upon the
petitioner. The petitioner is directed to deposit a cost of
[2023:RJ-JD:33911] (4 of 4) [CRLR-1281/2022]
Rs.10,000/- with the District Legal Services Authority,
Jodhpur. It is further made clear that if the cost of
proceedings i.e. Rs.10,000/- is not deposited by the
petitioner, the conviction and order of sentence dated
18.11.2017 passed by the Additional Civil Judge and
Metropolitan, Magistrate No.9, Jodhpur Metropolitan in
Criminal Original Case No.1716/2013 shall be
rejuvenated without any reference to the Court.
8. The stay petition is also disposed of.
(FARJAND ALI),J
63-Taruna/-
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