Rajasthan High Court - Jodhpur
Virendra Singh Chouhan vs State Of Rajasthan (2024:Rj-Jd:14614) on 27 March, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:14614] (1 of 3) [CRLR-413/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 413/2024
Virendra Singh Chouhan S/o Chain Singh, Aged About 47 Years,
R/o House No. 197-A, Laxmi Nagar, Near Avadh Computers,
Opp. Pnb Bank, Paota C Road, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Naveen Acharay S/o Ashok Acharay, R/o House No. 154,
Behind Mahaveer Poonam City Funworld, Permanent
Address House No. 53, Near Kishan Kirana Store,
Chirghar, Jodhpur, Raj.
----Respondents
For Petitioner(s) : Ms. Ajanta Saraswat
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
27/03/2024
1. The instant criminal revision petition under Section 397 read
with Section 401 of the CrPC has been preferred by the petitioner
against the judgment dated 28.02.2024 passed by the learned
Additional Sessions Judge No.7, District Jodhpur Metropolitan in
Criminal Appeal No.31/2022 (NCV No.237/2022), whereby the
judgment dated 14.06.2022 passed by the learned Special Judge
Metropolitan Magistrate, (N.I. Act Cases) No.2, District Jodhpur in
Criminal Case No.1348/2018 convicting the petitioner for the
offence under Section 138 of the NI Act and sentencing him to
undergo simple imprisonment of one year alongwith a fine of
[2024:RJ-JD:14614] (2 of 3) [CRLR-413/2024]
Rs.4,70,000/- with default sentence of three months' simple
imprisonment was upheld.
2. Learned counsel for the petitioner has placed on record a
compromise -cum- agreement with the complainant. It is recited
in the compromise deed dated 11.03.2024 that the entire due
amount has been paid to the complainant and nothing remains to
be paid to him. It is further submitted that the petitioner has been
convicted under Section 138 of the NI Act, which is compoundable
in nature and as the parties have arrived at a compromise, thus,
nothing survives for consideration in this revision petition,
therefore, the judgments passed by both the Courts below may be
quashed and set aside.
3. Heard counsel for the petitioner, learned Public Prosecutor
and learned counsel for the complainant and perused the
compromise dated 11.03.2024 and other material made available
to this court.
4. The parties have arrived at a compromise and the same has
already been placed on record, as per which, the complainant-
respondent has received entire amount towards the cheque in
question. There is no outstanding amount or any dispute
regarding payment is pending between the parties. It is also
mentioned in the compromise deed that the parties shall get the
revision pending before this court disposed of.
5. Upon consideration of the submissions made above and on
perusal of the material available on record, this Court deems it fit
to allow the instant Criminal Revision in terms of the aforesaid
memo of compromise. After the judgment of appeal the accused
[2024:RJ-JD:14614] (3 of 3) [CRLR-413/2024]
has not surrendered and as such is not behind the bars. He need
not to surrender back.
6. Accordingly, the instant Criminal Revision is allowed. The
judgment of conviction and order of sentence dated 14.06.2022
passed by the learned Special Judge Metropolitan Magistrate, (N.I.
Act Cases) No.2, District Jodhpur in Criminal Case No.1348/2018
and the judgment dated 28.02.2024 passed by the learned
Additional Sessions Judge No.7, District Jodhpur Metropolitan in
Criminal Appeal No.31/2022 (NCV No.237/2022) are hereby
quashed and set aside and the petitioner-accused is acquitted
from the charge for the offence punishable under Section 138 of
NI Act. He is on bail. His bail bonds shall stand discharged. After
the judgment of appellate the accused has not surrendered and as
such is not behind the bars. He need not to surrender back. If any
warrant has been issued in pursuance of the orders dated
14.06.2022 and 28.02.2024, the same shall be withdrawn
forthwith.
7. All Pending applications stand disposed of.
(FARJAND ALI),J
278-Samvedana/-
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