Rajasthan High Court
Sushil Sharma Son Of Shri Krishna Avatar vs Vinay Kumar Alwani S/O Shri Purshottam ... on 1 February, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:5460]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 89/2024
Sushil Sharma Son Of Shri Krishna Avatar, Residence At Samotti
Ki Dhaani Purani RIICO Bassi, Jaipur
----Petitioner
Versus
1. Vinay Kumar Alwani S/o Shri Purshottam Das Alwani,
Residence At 106, Kawar Nagar, Jaipur
2. State Government, Through Public Prosecutor
----Respondents
For Petitioner(s) : Mr. Kritesh Oswal
For Respondent(s) : Mr. Riyasat Ali - PP
Mr. Vinay Ramchandani for
complainant
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
01/02/2024
1. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 06.09.2023 passed by learned Additional Sessions Judge
No.1, Jaipur Metropolitan-II in Criminal Appeal No.14/2022,
whereby, the judgment of conviction and order of sentence dated
16.03.2022 passed by the learned Special Metropolitan Magistrate
(N.I. Act Cases) No.8, Jaipur Metropolitan-II in Criminal Case
No.2600/2018 (CIS No.89990/2018) was upheld. The petitioner
was convicted and sentenced as under:-
Section 138 of N.I. Act:
Six months' simple imprisonment alongwith fine of
Rs.2,50,000/- and in default of payment of fine, he was
further ordered to undergo two months' simple
imprisonment.
[2024:RJ-JP:5460] (2 of 3) [CRLR-89/2024]
2. Brief 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 06.09.2023, hence, the petitioner preferred the
present revision petition.
3. The parties have entered into a compromise and have settled
the dispute amicably. Copy of compromise (Annexure-3) has been
placed on record. 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 both the
judgments 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, wherein, it is recited that the parties have
resolved their dispute amicably and the complainant does not wish
to continue the proceedings.
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 dated 06.09.2023 passed by learned
Additional Sessions Judge No.1, Jaipur Metropolitan-II in Criminal
Appeal No.14/2022 and the judgment of conviction and order of
sentence dated 16.03.2022 passed by the learned Special
Metropolitan Magistrate (N.I. Act Cases) No.8, Jaipur Metropolitan-
[2024:RJ-JP:5460] (3 of 3) [CRLR-89/2024]
II in Criminal Case No.2600/2018 (CIS No.89990/2018) are
quashed and set aside. The accused is acquitted from the charges.
6. All pending applications stand disposed of.
(PRAVEER BHATNAGAR),J
236-ASHWINI KUMAR CHOUHAN /680
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