Smt. Asha Bherwani vs State Of Rajasthan ...
2023 Latest Caselaw 8564 Raj

[2023:RJ-JD:35012]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1406/2023

Smt. Asha Bherwani W/o Shri Kanhaiyalal Bherwani, Aged About 60 Years, B/c- Sindhi, Proprietor M/s Premprakashi Finance, R/o- 19/275, Coupasani Housing Board, Jodhpur (Raj.). (Presently Lodged In Central Jail Jodhpur)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Brajmohan Chabda S/o Shri G.l. Chabda, B/c- Arora Chabda, R/o- 43, Indra Vihar, Section-7, New Power House Road, Jodhpur (Raj.).

                                                                   ----Respondents


For Petitioner(s)           :    Mr. Vikas Chouhan
For Respondent(s)           :    Mr. Anees Bhurat, P.P.
                                 Mr. Santosh Choudhary



                HON'BLE MR. JUSTICE FARJAND ALI

                                      Order

13/10/2023

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

CrPC has been preferred by the petitioner against the judgment

dated 27.09.2023 passed by the learned Additional Sessions

Judge No.3, Jodhpur Metropolitan in Criminal Appeal

No.309/2017, whereby the learned appellate court affirmed the

judgment of conviction dated 09.06.2016 and order of sentence

dated 10.05.2017 passed by the learned Metropolitan Magistrate

No.9, Jodhpur in Criminal Regular Case No.1502/2012 convicting

the petitioner for the offence under Section 138 of the NI Act and

sentencing her to undergo simple imprisonment of 6 months

[2023:RJ-JD:35012] (2 of 3) [CRLR-1406/2023]

alongwith a fine of Rs.50,000/- with default sentence of 15 days'

additional simple imprisonment.

2. 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

10.10.2023 that the out of the total cheque amount of

Rs.7,00,000/- (in the present case as well as other similar cases),

the complainant has received Rs.2,50,000/- and looking to the

poor financial condition of the petitioner, he has forgone the

remaining amount of Rs.4,50,000/- and stated that he will not

make any claim regarding this amount in future. 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. Heard counsel for the petitioner, learned counsel for the

complainant and learned Public Prosecutor, perused the

compromise dated 10.10.2023 and other material available on

record.

4. 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 some amount and

foregoing the remaining amount. There is no outstanding amount

[2023:RJ-JD:35012] (3 of 3) [CRLR-1406/2023]

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 petition pending before this court disposed of.

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 dated 09.06.2016 and order of sentence

dated 10.05.2017 passed by the learned Metropolitan Magistrate

No.9, Jodhpur in Criminal Regular Case No.1502/2012 and the

judgment dated 27.09.2023 passed by the learned Additional

Sessions Judge, No.3, Jodhpur Metropolitan in Criminal Appeal

No.309/2017 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. She shall be released

from prison forthwith, if not wanted in any other case.

7. All Pending applications shall also stand disposed of.

(FARJAND ALI),J 273-Pramod/-

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