Rajesh vs State Of Rajasthan ...
2023 Latest Caselaw 7389 Raj

[2023:RJ-JD:30653]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 1105/2023

Rajesh S/o Shri Kaludas, Aged About 47 Years, R/o Jawahar

Nagar Ward No. 9 Bhilwara

                                                                      ----Petitioner

                                      Versus

1.         State Of Rajasthan, Through Pp

2.         Babu    Singh    S/o     Lakkh       Singh      Chouhan,     R/o    Naya

           Jorawarpura Ps Gulabpura Dist. Bhilwara

                                                                   ----Respondents



For Petitioner(s)            :    Mr.Bharat Shrimali
For Respondent(s)            :    Mr. Mahipal Vishoni, PP
                                  Ms.Varsha Purohit



                  HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

DATE OF ORDER                             :::                      19/09/2023
BY THE COURT:-

1. This criminal revision is directed against the judgment of

conviction and order of sentence dated 05.07.2017 passed by the

court of learned Additional Chief Judicial Magistrate, Gulabpura

District Bhilwara in connection with Criminal Regular Case

No.201/2013 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 six years

and fine of Rs.1,00,000/- in default to undergo further one

[2023:RJ-JD:30653] (2 of 4) [CRLR-1105/2023]

month's SI and also for quashing of the judgment dated

02.03.2019 passed by learned Additional Sessions Judge,

Gulabpura District Bhilwara in Criminal Appeal No.11/2017

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

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 12.08.2023, 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. Ms.Varsha Purohit, 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

[2023:RJ-JD:30653] (3 of 4) [CRLR-1105/2023]

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 12.08.2023.

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

12.08.2023 and record available before the Court.

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 05.07.2017

passed by the court of learned Additional Chief Judicial Magistrate,

Gulabpura District Bhilwara in connection with Criminal Regular

Case No.201/2013 and the judgment dated 02.03.2019 passed by

learned Additional Sessions Judge, Gulabpura District Bhilwara in

Criminal Appeal No.11/2017 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 12.08.2023 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, Bhilwara within a period of one month

from the date of receipt of this order. Needless to say that in case

[2023:RJ-JD:30653] (4 of 4) [CRLR-1105/2023]

of failure of deposition of the amount before the DLSA, Bhilwara

within the stipulated period, the judgments of the Courts below

shall be rejuvenated.

7. Stay petition and all pending applications stand disposed of.

(FARJAND ALI),J 198-Mamta/-

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