Jitendra Kumar Morya vs Puran Prakash Dhar ...
2023 Latest Caselaw 6926 Raj

[2023:RJ-JD:28414]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1147/2023

Jitendra Kumar Morya S/o R.n. Morya, Aged About 47 Years, R/o 104, Sundaram, Jai Satyam Shivam Sundaram Residency, Ramgiri, Badgaon, District Udaipur (Raj.)

----Petitioner Versus

1. Puran Prakash Dhar S/o Late Madan Lal Dhar, R/o C/o Madan Meghwal, S/o Jodhraj Meghwal, R/o 1489, Jhanda Wala Chowk, Neemuch Mata Scheme, Udaipur. Second Address - 704, Sundaram, Jai Satyam Shivam Sundaram Residency, Ramgiri, Badgaon, District Udaipur (Raj.)

2. State Of Rajasthan, Through Special Pp

----Respondents

For Petitioner(s) : Mr. Manish Kumar Pitaliya For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

Mr. Anuj Sahlot, for the complainant

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/09/2023

1. The petitioner has approached this Court for challenging the

judgment dated 20.07.2023 passed by the learned Special Judge,

SC/ST (Prevention of Atrocities), Udaipur in Cr. Appeal

No.143/2023 affirming the judgment dated 21.02.2022 passed by

the learned Special Judicial Magistrate (NI Act Cases) No.5,

Udaipur in Regular Criminal Case No.17/2018 whereby, the

petitioner was convicted for the offence under Section 138 of the

Negotiable Instruments Act and a fine of Rs.1,30,000/- was

imposed upon him and it was ordered that in default of payment

[2023:RJ-JD:28414] (2 of 3) [CRLR-1147/2023]

of fine, the petitioner would undergo simple imprisonment of one

month.

2. 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 20.07.2023, hence the present

revision petition has been filed.

3. Learned counsel for the parties submit that the parties have

entered into a compromise and have settled the dispute amicably.

A copy of the compromise deed dated 18.08.2023 has been placed

on record, wherein it is recited that the 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 judgment of appeal be

quashed and set aside.

4. 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 amicably and the complainant does not wish

to continue the proceedings.

[2023:RJ-JD:28414] (3 of 3) [CRLR-1147/2023]

5. 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

21.02.2022 passed by the learned learned Special Judicial

Magistrate (NI Act Cases) No.5, Udaipur in Regular Criminal Case

No.17/2018 and the judgment in appeal dated 20.07.2023 passed

by the learned Special Judge, SC/ST (Prevention of Atrocities),

Udaipur in Cr. Appeal No.143/2023 are quashed and set aside. The

accused is acquitted from the charge. He is not in custody. He

need not surrender. His bail bonds are discharged.

6. The amount of Rs.26,000/- has been deposited by the

petitioner during the course of appeal. In the given circumstances,

it is directed that the petitioner would be at liberty to get amount

from the trial court.

7. All pending applications are disposed of.

(FARJAND ALI),J 266-Taruna/-

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