Bhagirath Barala S/O Rameshwar Barala vs State Of Rajasthan (2024:Rj-Jp:3157)
2024 Latest Caselaw 192 Raj/2

Rajasthan High Court

Bhagirath Barala S/O Rameshwar Barala vs State Of Rajasthan (2024:Rj-Jp:3157) on 11 January, 2024

Author: Praveer Bhatnagar

Bench: Praveer Bhatnagar

[2024:RJ-JP:3157]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Criminal Revision Petition No. 1413/2023

Bhagirath Barala S/o Rameshwar Barala, Aged About 34 Years,
R/o Radha Swami Bagh, Near Barala Hospital, Behind Pandit
Hotel, Chomu, District-Jaipur (Raj.)
                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through The Public Prosecutor

2. Manoj Agarwal S/o Vipin Prakash Agarwal, R/o 89, Krishna Colony, Near Parking Hospital, Dher Ke Balaji, Teen Dukaan, Sikar Road, Jaipur (Raj.)

----Respondents

For Petitioner(s) : Ms. Gunjan Pathak Ms. Ishita Rawat Mr. Aditya Bohra Mr. Kanish Singhal For Respondent(s) : Mr. Yashwant Kankhadia - PP Mr. Virendra Pratap Singh for complainant.

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

11/01/2024

1. This criminal revision petition under Section 397 read with

Section 401 Cr.P.C. has been preferred against the judgment

dated 05.08.2023 passed by learned Additional District & Sessions

Judge No.8, Jaipur Metropolitan-II in Criminal Appeal No.31/2023

(CIS No.146/2023), whereby, the learned appellate court has

upheld the judgment of conviction and order of sentence dated

16.02.2023 passed by the learned Special Metropolitan Magistrate

(N.I. Act Cases) No.10, Jaipur Metroplitan-II in Criminal Case

No.583/2016 [CIS (N.I.) No.5437/2020], whereby, the petitioner

has been convicted for the offence under Section 138 of the N.I.

[2024:RJ-JP:3157] (2 of 3) [CRLR-1413/2023]

Act and sentenced to undergo nine months' simple imprisonment

alongwith a fine of Rs.7,60,000/- and in default of payment of

which, he was ordered to further undergo three months' simple

imprisonment.

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 partly allowed

vide judgment dated 05.08.2023, 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 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 the judgment dated 05.08.2023 passed by learned

[2024:RJ-JP:3157] (3 of 3) [CRLR-1413/2023]

Additional District & Sessions Judge No.8, Jaipur Metropolitan-II in

Criminal Appeal No.31/2023 (CIS No.146/2023) and the judgment

of conviction and order of sentence dated 16.02.2023 passed by

the learned Special Metropolitan Magistrate (N.I. Act Cases)

No.10, Jaipur Metroplitan-II in Criminal Case No.583/2016 [CIS

(N.I.) No.5437/2020] are quashed and set aside. The accused is

acquitted from the charges.

6. All pending applications stand disposed of.

(PRAVEER BHATNAGAR),J

120-ASHWINI KUMAR CHOUHAN /680

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