Rajasthan High Court - Jodhpur
Girdhari Lal vs State Of Rajasthan (2025:Rj-Jd:21466) on 5 May, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:21466]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3515/2025
Girdhari Lal S/o Shri Begraj, Aged About 43 Years, R/o Dhakka
Basti, Near Mata Temple, Ward No 7, Faredsar, Tehsil
Srikaranpur, District Sriganganagar (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Ashok Kumar Mittal S/o Shri Ram Kumar, R/o 14-A, Rana
Pratap Colony, Sriganganagar.
----Respondents
For Petitioner(s) : Mr. Gaurav Nagda.
For Respondent(s) : Mr. Narendra Singh, PP.
Mr. Jaipal Singh for complainant.
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
05/05/2025
1. By way of filing the present criminal misc. petition under
Section 528 BNSS, the petitioner has prayed for the following
reliefs:-
"It is, therefore, most respectfully and humbly prayed
that this criminal Misc. Petition of the petitioner may kindly
be allowed and;
(i) Quash and set aside the entire criminal proceedings
pending before the learned Trail Court as well as learned
Appellate Court below in the light of compromise arrived
between the parties in the spirit of Lok Adalat. And/or
(ii) Issue an appropriate order for quashing of arrest
warrant by the learned Trial Court i.e. Special Judicial
Magistrate (NI Act Cases) No.1, Sriganganagar, which was
issued after passing of the judgment dated 16.09.2023 in
Criminal case No.164/2016. And/or
(iii) Issue an appropriate direction to Appellate Court i.e.
Learned Additional Session judge No.2, Sriganganagar, to
take on record the compromise arrived between the parties
in Criminal Appeal No.22/2024 preferred against the order
dated 16.09.2023 for the offence under section 138 of the
Negotiable Instruments Act, 1881 and after taking
compromise on record drop the criminal appeal forthwith.
[2025:RJ-JD:21466] (2 of 3) [CRLMP-3515/2025]
(iv) Any other appropriate order, which this Hon'ble Court
considers just and proper in the facts and circumstances of
the this case, may kindly be passed in favour of the
Petitioner."
2. Learned counsel for the petitioner and learned counsel for
the respondent No.2 - complainant 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 16.09.2023 passed by the learned Special Judicial
Magistrate (NI Act Cases) No.1, Sri Ganganagar in Criminal Case
No.164/2016 titled as "Ashok Kumar vs. Girghari Lal" and
proceedings pending before the learned Additional Sessions Judge
No.2, Sri Ganganagar Criminal Appeal No.22/2024 titled as
"Girghari Lal vs. Ashok Kumar" may also be quashed and set
aside.
4. Learned counsel for the parties in support of their contention
have placed reliance upon the following judgments:-
• "Ramgopal and Another Vs. State of Madhua Pradesh
reported in (2022) 14 SCC 531.
• "M/s New Win Export & Anr. Vs. A. Subramaniam"
reported in 2024 3 RLW(Raj) 2489.
• "Omprakash Sunda Vs. Pawan Kumar" in S.B. Criminal
Revision Petition No.1399/2024.
• "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
[2025:RJ-JD:21466] (3 of 3) [CRLMP-3515/2025]
criminal proceedings/conviction drawn against the petitioner are
quashed, this Court deems it just and proper to set aside the
conviction and sentence of imprisonment awarded to the
petitioner for the offences under Sections 138 of N.I. Act vide
order dated 16.09.2023 passed in Criminal Case No.164/2016 and
all subsequent proceedings thereto in Criminal Appeal
No.22/2024.
6. Accordingly, the order dated 16.09.2023 passed by the
learned Special Judicial Magistrate (NI Act Cases) No.1, Sri
Ganganagar in Criminal Case No.164/2016 and all subsequent
proceedings thereto pending before the learned Additional
Sessions Judge No.2, Sri Ganganagar in Criminal Appeal
No.22/2024 are hereby quashed and set aside subject to
petitioner depositing 5% of the cheque amount with the Rajasthan
Legal Services Authority, Jodhpur within a period of three months
from today. The receipt of such deposition shall be filed with the
Registry forthwith thereafter.
7. With the above directions, the present criminal misc. petition
and all pending application(s), if any, and are disposed of.
(KULDEEP MATHUR),J
29-divya/-
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