Manna Lal Saini S/O Shri Chanda Lal Saini vs State Of Rajasthan (2024:Rj-Jp:4128)
2024 Latest Caselaw 465 Raj/2

Rajasthan High Court

Manna Lal Saini S/O Shri Chanda Lal Saini vs State Of Rajasthan (2024:Rj-Jp:4128) on 23 January, 2024

Author: Praveer Bhatnagar

Bench: Praveer Bhatnagar

[2024:RJ-JP:4128]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

              S.B. Criminal Revision Petition No. 79/2024

Manna Lal Saini S/o Shri Chanda Lal Saini, Aged About 46 Years,
R/o Village Parmanka Ki Dhani Pili Ki Talai, Tehsil Amer, District
Jaipur
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Public Prosecutor

2. Suwa Lal Saini S/o Shri Kushal Chand Saini, Aged About 44 Years, R/o Khedala Ki Dhani, Pili Ki Talai, Kasba Amer, District Jaipur

----Respondents

For Petitioner(s) : Mr. Satyapal Poshwal For Respondent(s) : Mr. Suresh Kumar - PP Mr. Teeka Ram Meena for complainant

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

23/01/2024

1. This criminal revision petition under Section 397 read with

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

dated 01.12.2023 passed by learned Special Judge (Fake Currency

Note Cases), Jaipur Metropolitan First in Regular Criminal Appeal

No.17/2023 (CIS No.1672/2019) (CNR No.RJJM01-020351-2019),

whereby, the judgment of conviction and order of sentence dated

26.09.2019 passed by the learned Metropolitan Magistrate No.35,

Jaipur Metropolitan, H.Q. Amer in Criminal Case No.768/2016 was

upheld. The petitioner was convicted and sentenced as under:-

Section 138 of N.I. Act:

Two years' simple imprisonment alongwith fine of Rs.8,80,000/- and in default of payment of fine, he was

[2024:RJ-JP:4128] (2 of 3) [CRLR-79/2024]

further ordered to undergo four 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 dismissed vide

judgment dated 01.12.2023, 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 dated 30.12.2023

(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 01.12.2023 passed by learned

Special Judge (Fake Currency Note Cases), Jaipur Metropolitan

First in Regular Criminal Appeal No.17/2023 (CIS No.1672/2019)

(CNR No.RJJM01-020351-2019) and the judgment of conviction

[2024:RJ-JP:4128] (3 of 3) [CRLR-79/2024]

and order of sentence dated 26.09.2019 passed by the learned

Metropolitan Magistrate No.35, Jaipur Metropolitan, H.Q. Amer in

Criminal Case No.768/2016 are quashed and set aside. The

accused is acquitted from the charges.

6. All pending applications stand disposed of.

(PRAVEER BHATNAGAR),J

185-ASHWINI KUMAR CHOUHAN /680

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