Rajasthan High Court
Nemi Chand Son Of Banshidhar vs State Of Rajasthan (2024:Rj-Jp:4154) on 23 January, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:4154]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1802/2022
Nemi Chand Son Of Banshidhar, Aged About 58 Years, Resident
Of Village Gram 2-Ka-151, Shivaji Park, Alwar Rajasthan
(Accused Petitioner Confined In District Jail Alwar)
----Petitioner
Versus
1. State Of Rajasthan, Through P.p
2. Virendra Kumar Khandelwal @ Bunty Son Of Ramavtar,
Resident Of 50, Indira Colony, Alwar At Present
Shopkeeper Khandelwal Department Store Opposite Saini
Dharmashala, Nayabas, Alwar Rajasthan
----Respondents
For Petitioner(s) : Mr. Shantanu Gupta
For Respondent(s) : Mr. Suresh Kumar - PP
Mr. Shree Ram Yadav for complainat
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 17.10.2022 passed by learned Additional Sessions Judge
No.1, Alwar in Criminal Appeal No.10/2021 (CIS No.30/2021),
whereby, the judgment of conviction and order of sentence dated
02.02.2021 passed by the learned Special Judicial Magistrate,
(N.I. Act Cases) No.1, Alwar in Criminal Case No.23/276/18 (CIS
No.1260/18) was upheld. The petitioner was convicted and
sentenced as under:-
Section 138 of N.I. Act:
One year's simple imprisonment alongwith fine of
Rs.2,04,000/- and in default of payment of fine, he was
[2024:RJ-JP:4154] (2 of 3) [CRLR-1802/2022]
further ordered to undergo fifteen days' 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 17.10.2022, 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 16.11.2023 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 17.10.2022 passed by learned
Additional Sessions Judge No.1, Alwar in Criminal Appeal
No.10/2021 (CIS No.30/2021) and the judgment of conviction and
order of sentence dated 02.02.2021 passed by the learned Special
[2024:RJ-JP:4154] (3 of 3) [CRLR-1802/2022]
Judicial Magistrate, (N.I. Act Cases) No.1, Alwar in Criminal Case
No.23/276/18 (CIS No.1260/18) are quashed and set aside. The
accused is acquitted from the charges.
6. All pending applications stand disposed of.
(PRAVEER BHATNAGAR),J
88-ASHWINI KUMAR CHOUHAN /680
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