Shivswami Tubewel Borewell ... vs Kishan Krishi Yantralaya ...
2023 Latest Caselaw 6931 Raj

[2023:RJ-JD:28581]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 707/2022

Shivswami Tubewel Borewell Nagwara, Teh. Bagidora- Through Its Prop. Rajendra Panchal S/o Sh. Mangi Lal Panchal, Aged About 49 Years, R/o Nagwara, Teh. Bagidora, Dist. Banswara (Raj.).

----Petitioner Versus

1. Kishan Krishi Yantralaya, Through Its Prop. Ramesh Chandra Talesara S/o Sh. Bheru Lal Talesar, R/o Kushalgarh, Dist. Banswara (Raj.).

2.        State, Through Pp
                                                                   ----Respondents


For Petitioner(s)           :    Mr. Shambhoo Singh
For Respondent(s)           :    Mr. S.S. Rajpurohit, P.P.
                                 Mr. Rakesh Matoria



                HON'BLE MR. JUSTICE FARJAND ALI

                                      Order

06/09/2023

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

CrPC has been preferred by the petitioner against the judgment

dated 13.05.2022 passed by the learned Additional Sessions

Judge, Banswara Camp Kushalgarh in Criminal Appeal

No.20/2018, whereby the learned appellate court affirmed the

judgment dated 04.04.2018 passed by the learned Additional

Chief Judicial Magistrate, Kushalgarh, District Banswara in Criminal

Regular Case No.842/2015 convicting the petitioner for the

offence under Section 138 of the NI Act and sentencing him to

undergo simple imprisonment of one year along with a fine of

[2023:RJ-JD:28581] (2 of 3) [CRLR-707/2022]

Rs.5,00,000/- with default sentence of one month's additional

simple imprisonment.

2. An application has been filed for placing on record a

compromise deed executed between the petitioner and the

complainant. It is recited in the compromise deed dated

03.09.2023 that the entire due amount has been paid to the

complainant and nothing remains to be paid to him. 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 as well as learned counsel

for the complainant and learned Public Prosecutor, perused the

compromise dated 03.09.2023 and record available before the

Court.

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

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

respondent has received entire amount towards the cheque in

question. There is no outstanding amount 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.

[2023:RJ-JD:28581] (3 of 3) [CRLR-707/2022]

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 04.04.2018

passed by the learned Additional Chief Judicial Magistrate,

Kushalgarh, District Banswara in Criminal Regular Case

No.842/2015 and the judgment dated 13.05.2022 passed by the

learned Additional Sessions Judge, Banswara Camp Kushalgarh in

Criminal Appeal No.20/2018 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.

7. All Pending applications, including the application for taking

the compromise on record, shall stand disposed of.

(FARJAND ALI),J 279-Pramod/-

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