Rajasthan High Court
Shankarlal Agarwal Son Of Shri Late Shri ... vs State Of Rajasthan (2024:Rj-Jp:5191) on 31 January, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:5191]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1898/2023
Shankarlal Agarwal Son Of Shri Late Shri Damodar Lal Agarwal,
Aged About 61 Years, Proprietor Of Rajasthan Handicraft Center,
Resident Of Plot No. 9 Shyam Kunj, Khetdi House, Chandpole,
Jaipur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Shri Khandaka Son Of Shri Madan Lal Khandaka, R/o At
3014, Jat Ke Kyu Ka Rasta, Chandpol Bazaar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ajay Shukla
For Respondent(s) : Mr. N.S. Gurjar - PP
Mr. Amit Gupta for complainant
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
31/01/2024
1. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 18.11.2023 passed by learned Additional Sessions Judge
No.2, Jaipur Metropolitan-I in Criminal Appeal No.05/2020 (CIS
No.28/2020), whereby, the judgment of conviction and order of
sentence dated 05.12.2019 passed by the learned Special
Metropolitan Magistrate (N.I. Act Cases) No.11, Jaipur
Metropolitan, Jaipur in Criminal Case No.267/2016 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.14,00,000/- and in default of payment of fine, he was
[2024:RJ-JP:5191] (2 of 3) [CRLR-1898/2023]
further ordered to undergo three months' additional 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 18.11.2023, 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 11.01.2024 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 18.11.2023 passed by learned
Additional Sessions Judge No.2, Jaipur Metropolitan-I in Criminal
Appeal No.05/2020 (CIS No.28/2020) and the judgment of
conviction and order of sentence dated 05.12.2019 passed by the
[2024:RJ-JP:5191] (3 of 3) [CRLR-1898/2023]
learned Special Metropolitan Magistrate (N.I. Act Cases) No.11,
Jaipur Metropolitan, Jaipur in Criminal Case No.267/2016 are
quashed and set aside. The accused is acquitted from the
charges.
6. All pending applications stand disposed of.
(PRAVEER BHATNAGAR),J
179-ASHWINI KUMAR CHOUHAN /680
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