Rajasthan High Court - Jodhpur
Anil Mutha vs State Of Rajasthan on 4 November, 2025
[2025:RJ-JD:47463]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 334/2025
in
S.B. Criminal Revision Petition No.605/2025
Anil Mutha S/o Anand Kishan, Aged About 41 Years, R/o House
No. 28, Mutho Ki Gali, Navchokiya, Jodhpur (Raj.)
(Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Anil Bhati S/o Bhanwar Lal, Aged About 43 Years, Gayatri
Bhawan Teri Bolting Wali Gali In Side Jalori Gate,jodhpur
----Respondents
For Petitioner(s) : Mr. Sharad Vyas for Mr. Narpat Singh
Rathore.
For Respondent(s) : Mr. PS Pawnar, PP.
Mr. Pravin Vyas for R/2.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
04/11/2025
1. Today, the matter is listed for consideration of S.B.
Suspension Of Sentence(Revision) No. 334/2025 filed in S.B.
Criminal Revision Petition No.605/2025, however, learned counsel
for the parties prays that the revision petition be heard finally.
2. The instant revision petition has been filed against the
judgment dated 04.03.2025 passed by the learned Additional
Sessions Judge No.4, Jodhpur in Criminal Appeal No.192/2024,
whereby the learned Judge rejected the appeal filed by the
petitioner against the judgment dated 16.05.2024 passed by the
learned Special Judicial Magistrate (N.I. Cases), No.7, Jodhpur in
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[2025:RJ-JD:47463] (2 of 3) [SOSR-334/2025]
Criminal Regular Case No.05/2016 for offence under Section 138
N.I. Act and affirmed the sentence awarded to the petitioner of 06
months' S.I. along with fine in the sum of Rs.2,60,000/-.
3. Counsel for the petitioner states at Bar that the petitioner
and complainant-respondent No.2 have entered into a compromise
in the spirit of Lok Adalat. The respondent No.2 has received all
the amount from the petitioner and does not want to proceed in
the matter, therefore the sentence of imprisonment awarded to
the petitioner may be set aside.
4. Learned counsel for the respondent No.2 concurs with the
facts stated by the counsel for the petitioner.
5. Heard the counsel for the parties and perused the material
available on record.
6. Having considered the facts and circumstances of the case,
since the parties have settled their dispute and complainant
respondent No.2 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 Damodar S.
Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663,
the sentence awarded to the petitioner for offence under Section
138 NI Act is liable to be set aside.
7. Accordingly, the conviction and sentence of imprisonment
awarded to the petitioner for offence under Section 138 NI Act
vide judgments dated 04.03.2025 and 16.05.2024 are hereby set
aside on the basis of the aforesaid compromise. The petitioner
shall be released forthwith, if not required in any other case. His
bail bonds stand discharged.
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[2025:RJ-JD:47463] (3 of 3) [SOSR-334/2025]
8. Hence, the instant criminal revision petition is disposed of.
9. Pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J
459-/Ramesh/-
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