Anil Mutha vs State Of Rajasthan (2025:Rj-Jd:47463)
2025 Latest Caselaw 14883 Raj

Rajasthan High Court - Jodhpur

Anil Mutha vs State Of Rajasthan (2025:Rj-Jd:47463) 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

(Uploaded on 04/11/2025 at 04:47:48 PM)

[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.

(Uploaded on 04/11/2025 at 04:47:48 PM)

[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/-

(Uploaded on 04/11/2025 at 04:47:48 PM)

Powered by TCPDF (www.tcpdf.org)