Khem Chand vs State Of Rajasthan ...
2023 Latest Caselaw 6811 Raj

[2023:RJ-JD:27937]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 800/2022

Khem Chand S/o Shri Nathu Ram, Aged About 38 Years, R/o Sahayak Karmchari Civil Court Srikaranpur Dist. Sriganganagar Raj. (At Present Lodged At Sub Jail Suratgarh)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Banwari Lal S/o Khema Ram, R/o Ward No. 9 Suratgarh Tehsil Suratgarh Dist. Srigangangar Raj.

                                                ----Respondents


For Petitioner(s)               :    Mr. Kuldeep Sharma
For Respondent(s)               :    Mr. Mukhtiyar Khan, PP
                                     Mr. Ramdev



                HON'BLE MR. JUSTICE FARJAND ALI

                                          Order

04/09/2023

1. This criminal revision is directed against the judgment of

conviction and order of sentence dated 15.03.2016 passed by the

court of learned Judicial Magistrate, Suratgarh District Sri

Ganganagar in connection with Criminal Regular Case

No.225A/2014 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.3,00,000/- and also for quashing of the judgment

dated 11.07.2022 passed by learned Additional Sessions Judge

Suratgarh, District Sri Ganganagar in Criminal Appeal No.25/2016

preferred by the petitioner has been 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

[2023:RJ-JD:27937] (2 of 3) [CRLR-800/2022]

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 21.05.2023, 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 was

granted bail by the Appellate Court and presently, he is not 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. Ramdev, 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,

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

compromise dated 21.05.2023.

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

21.05.2023 and record available before the Court.

[2023:RJ-JD:27937] (3 of 3) [CRLR-800/2022]

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 dated 15.03.2016

passed by the court of learned Judicial Magistrate, Suratgarh,

District Sri Ganganagar in connection with Criminal Original Case

No.225A/2014 and the judgment dated 11.07.2022 passed by

learned Additional Sessions Judge Suratgarh, District Sri

Ganganagar in Criminal Appeal No.25/2016 are hereby quashed

and set aside and the petitioner-accused is acquitted from the

charges punishable under Section 138 of NI Act. The Memo of

compromise dated 21.05.2023 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 Ganganagar within the stipulated period, the

judgments of the Courts below shall be rejuvenated.

Stay petition and all pending applications stand disposed of.

(FARJAND ALI),J 155-Mamta/-

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