Rajasthan High Court - Jodhpur
Deepak vs Harbhajan Singh (2024:Rj-Jd:23532) on 23 May, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:23532]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3358/2024
Deepak S/o Shyam Sundar, Aged About 52 Years, R/o P-24,
Gayatri Nagar, Hiranmagri, Sector 5, Udaipur, Raj.
----Petitioner
Versus
1. Harbhajan Singh S/o Amar Singh, Aged About 56 Years,
R/o 242, Near Govt. School, Uttari Sundarwas, Udaipur
2. State Of Rajasthan, Through PP, Rajasthan High Court,
Jodhpur
----Respondents
For Petitioner(s) : Mr. Avin Chhangani
For Respondent(s) : Mr. S.S. Rajpurohit, PP
Mr. Ajay Augstine
HON'BLE MR. JUSTICE FARJAND ALI
Order
23/05/2024
1. The instant misc. petition under Section 397 CrPC has been
preferred by the petitioner against the judgment dated
18.03.2024 passed by the learned Special Judge, SC/ST
(Prevention of Atrocities) Act Cases, Udaipur in Criminal
Appeal No.471/2023, whereby the judgment dated
13.10.2023 passed by the learned Special Judicial Magistrate
(N.I. Act Cases) No.4, Udaipur in Criminal Case CIS
No.3354/2017 convicting the petitioner for the offence under
Section 138 of the NI Act and sentencing him to undergo
simple imprisonment of one year along with a fine of
Rs.12,00,000/- was upheld.
[2024:RJ-JD:23532] (2 of 3) [CRLMP-3358/2024]
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 14.05.2024 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 compromise, thus nothing survives for
consideration in this misc. petition, therefore, the judgments
passed by both the Courts below may be quashed and set
aside.
3. Heard counsel for the petitioner, perused the compromise
dated 14.05.2024 and record available before the Court.
4. In view of the judgment passed by the co-ordinate Bench in
the case of Vishnu Teli Vs. State of Rajasthan & Ors.
[S.B. Criminal Revision Petition No.1734/2009 decided
on 25.11.2010], the defect pointed out by the Registry is
ignored.
5. 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 petition pending before this court
disposed of.
6. Upon consideration of the submissions made above and on
perusal of the material available on record, this Court deems
[2024:RJ-JD:23532] (3 of 3) [CRLMP-3358/2024]
it fit to allow the instant criminal misc. petition in terms of
the aforesaid memo of compromise.
7. Accordingly, the instant Criminal Misc. Petition is allowed.
The judgment of conviction and order of sentence dated
13.10.2023 passed by the learned Special Judicial Magistrate
(N.I. Act Cases) No.4, Udaipur in Criminal Case CIS
No.3354/2017 and the judgment dated 18.03.2024 passed
by the learned Special Judge, SC/ST (Prevention of
Atrocities) Act Cases, Udaipur in Criminal Appeal
No.471/2023 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. The
petitioner is on bail. His bail bonds shall stand discharged.
8. All Pending applications stand disposed of.
9. Petitioner and respondent No.1 are directed to deposit the
cost of Rs.5,000/- each in the account of District Legal
Services Authority, Udaipur.
(FARJAND ALI),J
262-Ashutosh/-
Powered by TCPDF (www.tcpdf.org)
