Kishore Singh vs State Of Rajasthan ...
2023 Latest Caselaw 7390 Raj

[2023:RJ-JD:30652]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
            S.B. Criminal Revision Petition No. 1087/2023

Kishore Singh S/o Shri Nathu Singh, Aged About 33 Years, R/o

Virat Nagar Udasar Bikaner Dist. Bikaner Raj. At Present Lodged

At Central Jail Bikaner

                                                                    ----Petitioner

                                    Versus

1.       State Of Rajasthan, Through Pp

2.       Gulab Chand S/o Late Shri Panmal, R/o Sethiya Mohalla

         Bhinasar Bikaner Dist. Bikaner Raj.

                                                                 ----Respondents


For Petitioner(s)          :    Mr. Varun Arora through VC
For Respondent(s)          :    Mr. Ashok Bishnoi
                                Mr. Abhishek Purohit, AGA



                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 12.09.2022 passed by the

court of learned Special Judicial Magistrate (N.I. Act Cases) No.3,

Bikaner in connection with Criminal Regular Case No.2695/2016

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 four months' SI and

fine of Rs.1,85,000/- and also for quashing of the judgment dated

[2023:RJ-JD:30652] (2 of 4) [CRLR-1087/2023]

07.08.2023 passed by learned Additional Sessions Judge No.3,

Bikaner in Criminal Appeal No.23/2022 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 03.08.2023, 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. Mr. Ashok Bishnoi, 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

[2023:RJ-JD:30652] (3 of 4) [CRLR-1087/2023]

or any dispute regarding payment is pending between the parties,

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

compromise dated 03.08.2023.

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

03.08.2023 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 12.09.2022

passed by the court of learned Special Judicial Magistrate (N.I. Act

Cases) No.3, Bikaner in connection with Criminal Regular Case

No.2695/2016 and the judgment dated 07.08.2023 passed by

learned Additional Sessions Judge No.3, Bikaner in Criminal

Appeal No.23/2022 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

03.08.2023signed 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.15,000/- before the District

Legal Service Authority, Bikaner 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, Bikaner

[2023:RJ-JD:30652] (4 of 4) [CRLR-1087/2023]

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 15-Mamta/-

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