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Rajasthan High Court - Jodhpur
Rakesh Pujari vs State Of Rajasthan (2025:Rj-Jd:53226) on 8 December, 2025
[2025:RJ-JD:53226]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1396/2025
Rakesh Pujari S/o Ashok Kumar, Aged About 45 Years, House No
14 C Bhatti Ki Baori Opp Hutch Mobile Tower Chopasani Housing
Board Jodhpur Raj
----Petitioner
Versus
1. State Of Rajasthan, Thruogh Public Prosecutor
2. Jitendra Acharya S/o Khemraj Acharya, 9/592 Chopasani
Housing Board Jodhpur Raj
----Respondents
For Petitioner(s) : Mr. Mukesh Kachawaha
Mr. Ayub Khan
For Respondent(s) : Mr. Surendra Bishnoi, PP
Mr. Ashish Mathur
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
08/12/2025
The matter has come up on an application (IA No.01/2025)
filed by the petitioner under Section 5 of the Limitation Act for
condonation of delay in filing present criminal revision petition.
For reasons and grounds stated in the application, the same
is allowed. The delay in filing the present criminal revision petition
is hereby condoned.
This revision petition has been filed against the judgment
dated 05.04.2025 passed by the learned Additional Session Judge
No.2, Jodhpur Metropolitan in Criminal Appeal No.22/2019 by
which, the appeal filed by the petitioner was dismissed and the
judgment dated 13.02.2019 passed by the learned Special
Metropolitan Magistrate (NI Act Cases) No.4, Jodhpur
(Uploaded on 09/12/2025 at 12:47:26 PM)
[2025:RJ-JD:53226] (2 of 3) [CRLR-1396/2025]
Metropolitan, in Criminal Original Case No.75/2015 convicting and
sentencing the petitioner for offence under Section 138 N.I. Act
has been affirmed. The petitioner was sentenced to undergo three
months' simple imprisonment along with fine in the sum of
Rs.2,40,000/-. In default of payment of fine, the petitioner was
sentenced to undergo 15 days' simple imprisonment.
Learned counsel for the petitioner submits that the petitioner
and complainant-respondent No.2 have entered into a compromise
and the respondent No.2 has received the whole amount from the
petitioner and does not want to proceed with the matter, therefore
the sentence of imprisonment awarded to the petitioner may be
set aside.
Learned counsel for respondent No.2 concurs with the facts
stated by the counsel for the petitioner.
Learned Public Prosecutor has opposed the prayer made by
learned counsel for the petitioner and prayed for dismissal of the
instant criminal revision petition, however, he does not dispute the
fact that a compromise has been arrived at between the parties.
I have heard the arguments advanced by counsel for the
parties and perused the compromise deed.
Having considered the facts and circumstances of the case,
since the parties have settled their dispute and complainant
respondent has accepted the sum towards full and final settlement
of dispute on the satisfaction of the complainant and in the light of
provisions of Section 147 of NI Act and in view of law laid down by
the Hon'ble Apex Court in the case of Sanjabij Tari v. Kishore S.
(Uploaded on 09/12/2025 at 12:47:26 PM)
[2025:RJ-JD:53226] (3 of 3) [CRLR-1396/2025]
Borcar & Anr. (2025 INSC 1158), the sentence awarded to the
petitioner for offence under Section 138 NI Act is liable to be set
aside. However, since the compromise has been arrived at after
rejection of the appeal preferred by the petitioner, a cost of 7.5%
of the cheque amount deserves to be imposed upon the petitioner
in light of the decision rendered by the Hon'ble Apex Court in the
case of Sanjabij Tari (supra).
Accordingly, the conviction and sentence of imprisonment
awarded to the petitioner for offence under Section 138 NI Act
vide judgments dated 13.02.2019 and 05.04.2025 is hereby set
aside on the basis of the aforesaid compromise subject to
deposition of cost of 7.5% of the cheque amount. The cost shall
be deposited by the petitioner before the Rajasthan State Legal
Services Authority, Jodhpur within a period of one month from
today. In case, the cost is not deposited by the petitioner before
the Rajasthan State Legal Services Authority, Jodhpur within the
stipulated period, the revision petition may be listed before this
Court for passing appropriate orders.
The revision petition is allowed in the above terms. The
application for suspension of sentence is also decided accordingly.
A copy of this order be sent to the Rajasthan State Legal
Services Authority, Jodhpur.
(MUKESH RAJPUROHIT),J
71-mSingh/-
(Uploaded on 09/12/2025 at 12:47:26 PM)
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