Rajasthan High Court - Jodhpur
M/S Balaji Art And Craft vs State Of Rajasthan (2025:Rj-Jd:18048) on 8 April, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:18048]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2722/2025
1. M/s Balaji Art And Craft, H-187, Third Phase, Industrial
Area Boranada, Jodhpur (Raj.) Through Partners Sh.
Roshanlal S/o Shriram, Aged About 41 Years And
Rajkumar S/o Sh. Ramjilal, Aged About 45 Years.
2. Rajkumar S/o Ramji Lal, Aged About 45 Years, R/o Plot
No. 171A, Ashapurna City, Pal Iii Phase, Jodhpur Being
Partner Of M/s Balaji Art And Craft.
3. Roshan Lal S/o Shriram Ji, Aged About 41 Years, R/o
Tehsil Narnaud, Kapron 7, Hisar, Haryana Being Partner Of
M/s Balaji Art And Craft.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. M/s Anil Art, G 503-504,e.p.i.p., Industrial Area
Boranada, Jodhpur (Raj.), Through Proprietor Anil
Sachdeva S/o Harish Chandra, R/o C-77, Second Phase,
Parsvnath City, D.p.s. School, By-Pass, Jodhpur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Falgun Buch
Mr. Gopal Krishan Chhangani
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Rakesh Sharma (R. No.2)
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
08/04/2025
1. By way of filing the present criminal misc. petition under
Section 528 BNSS, the petitioners have prayed for the following
reliefs:-
"It is, therefore, most humbly and respectfully prayed
that this Criminal Misc. Petition of the petitioner may kindly
be allowed and by way of appropriate order or direction:
i. The impugned order dated 17.02.2025, passed by the
learned Additional Session Judge No.4, Jodhpur
[2025:RJ-JD:18048] (2 of 3) [CRLMP-2722/2025]
Metropolitan in Criminal Appeal no.178/2024 (N.C.V
No.178/2024), titled as "M/s Balaji Art and Craft vs State of
Rajasthan &b Anr", and all the subsequent proceedings
initiated thereafter against the petitioner may kindly be
quashed and set aside qua the petitioners in light of the
compromise arrived between the parties;
ii. The impugned order dated 01.05.2025, passed by the
learned Special Metropolitan Magistrate, Jodhpur
Metropolitan in criminal original case no.117/2020 (N.C.V.
No.1616/2018), titled as (M/s Anil Art vs M/s Balai Art and
Craft), against the petitioner may kindly be quashed and set
aside qua the petitioners may kindly be quashed in light of
the compromise arrived at between the parties;
iii. Any other order or direction which the Hon'ble Court
may deem it fit and appropriate in the facts &
circumstances of the present case may kindly be issued in
favour of the humble petitioner."
2. Learned counsel for the petitioner and respondent No.2
jointly submitted that during pendency of the present criminal
misc. petition, the petitioner and the respondent No.2 have
entered into a compromise and have decided to settle their
disputes amicably in the spirit of Lok Adalat.
3. Learned counsel submitted that respondent No.2 does not
want to proceed in the matter and, therefore, the impugned order
dated 17.02.2025 passed by the learned Additional Sessions
Judge No.4, Jodhpur Metropolitan in Criminal Appeal No.178/2024
(N.C.V. No.178/2024) titled as "M/s Balaji Art and Craft vs. State
of Rajasthan & Anr." and the order dated 01.05.2024 passed by
the learned Special Metropolitan Magistrate (N.I. Act Cases),
Jodhpur Metropolitan in criminal original case no.117/2020 (N.C.V.
No.1616/2018) titled as "M/s Anil Art vs. M/s Balaji Art and Craft"
may be quashed and set aside.
4. Learned counsel for the parties in support of their contention
have placed reliance upon the following judgments:-
1. "Ramgopal and Another Vs. State of Madhua Pradesh"
reported in (2022) 14 SCC 531.
[2025:RJ-JD:18048] (3 of 3) [CRLMP-2722/2025]
2. "M/s New Win Export & Anr. Vs. A. Subramaniam"
reported in 2024 3 RLW(Raj) 2489.
3. "Omprakash Sunda Vs. Pawan Kumar" in S.B. Criminal
Revision Petition No.1399/2024.
4. "Damodar S. Prabhu Vs. Sayed Babalal" reported in
2010 (5) SCC 663".
5. Having considered the facts and circumstances of the case,
taking into consideration the precedent law and keeping in mind
the fact that the respondent No.2 has no objection in case the
criminal proceedings/ conviction awarded to the petitioners is
quashed, this Court deems it just and proper to set aside the
conviction and sentence of imprisonment awarded to the
petitioners for the offences under Sections 138 of N.I. Act vide
order dated 01.05.2024 passed in criminal original case
no.117/2020 (N.C.V. No.1616/2018) and affirmed in order dated
17.02.2025 passed in criminal appeal no.178/2024 (N.C.V.
No.178/2024) and accordingly, the same are hereby quashed and
set aside subject to petitioners jointly depositing cost of 5% of the
cheque amount. The cost shall be deposited by the petitioners
with the Rajasthan Legal Services Authority, Jodhpur within a
period of two months from today, a receipt whereof shall be filed
with the Registry.
6. Accordingly, the present criminal misc. petition is disposed
of.
(KULDEEP MATHUR),J
59-divya/-
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