Ramnarayan vs Meena Kumari Chouhan ...
2025 Latest Caselaw 16801 Raj

Rajasthan High Court - Jodhpur

Ramnarayan vs Meena Kumari Chouhan ... on 6 December, 2025

[2025:RJ-JD:52977]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 1596/2025

Ramnarayan S/o Shukh Lal, Aged About 51 Years, Resident Of
Meruni, Balai Mohalla Gangapur, Present R/o House No. 09 G-09
Ke Samne Patel Nagar District Bhilwara, Raj..
                                                                     ----Petitioner
                                     Versus
1.       Meena Kumari Chouhan D/o Barjendra Kumar Chouhan,
         Resident Of Azad Nagar, District Bhilwara, Raj..
2.       State Of Rajasthan, Through Public Prosecutor.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Ratan Ankiya
For Respondent(s)          :     Mr. Surendra Bishnoi, PP
                                 Mr. Buddhpal Singh



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

06/12/2025 This revision petition has been filed against the judgment

dated 12.08.2025 passed by the learned Additional Session Judge

(Women Atrocity Cases), Bhilwara in Criminal Appeal No.81/2022

by which, the appeal filed by the petitioner was dismissed and the

judgment dated 25.07.2022 passed by the learned Special Judicial

Magistrate (NI Act Cases) No.1, Bhilwara, in Criminal Case

No.1247/2016 convicting and sentencing the petitioner for offence

under Section 138 N.I. Act has been affirmed. The petitioner was

sentenced to undergo one year's simple imprisonment along with

fine in the sum of Rs.2,00,000/-. In default of payment of fine, the

petitioner was sentenced to undergo one month's simple

imprisonment.

(Uploaded on 06/12/2025 at 07:00:29 PM)

[2025:RJ-JD:52977] (2 of 3) [CRLR-1596/2025]

Learned counsel for the petitioner submits that the petitioner

and complainant-respondent No.1 have entered into a compromise

and the respondent No.1 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.1 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 No.1 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. 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, 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).

(Uploaded on 06/12/2025 at 07:00:29 PM)

[2025:RJ-JD:52977] (3 of 3) [CRLR-1596/2025]

Accordingly, the conviction and sentence of imprisonment

awarded to the petitioner for offence under Section 138 NI Act

vide judgments dated 25.07.2022 and 12.08.2025 is hereby set

aside on the basis of the aforesaid compromise subject to

deposition of cost of 7.5% of the cheque amount. However, it is

made clear that any amount already deposited by the petitioner

shall be adjusted with the said 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 38-mSingh/-

(Uploaded on 06/12/2025 at 07:00:29 PM)

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