Rajasthan High Court - Jodhpur
Sheetaldas vs State Of Rajasthan (2025:Rj-Jd:46726) on 29 October, 2025
[2025:RJ-JD:46726]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1377/2025
Sheetaldas S/o Narayandas, Aged About 60 Years, R/o Ward No
40, Sureshia, In Front Of Harsh Kirana Store, Sureshia Fazal Din
Wala, Hanumangarh Junction, Tehsil And District Hanumangarh.
(Presently Lodged In Dist. Jail, Hanumangarh)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Vinod Kumar Jindal S/o Jagdish Lal, R/o Sector No 09
Extension, Near Nagarpalika Office, Hanumangarh
Junction, Tehsil And District Hanumangarh.
----Respondents
For Petitioner(s) : Mr. JS Khichi.
For Respondent(s) : Mr. Narendra Gehlot.
Mr. Bhagat Dadhich for R/2.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
29/10/2025
1. The application under Section 5 of the Limitation Act, seeking
condonation of delay, is allowed for the reasons stated therein.
2. The instant revision petition has been filed against the
judgment dated 09.07.2024 passed by the learned Additional
Sessions Judge No.2, Hanumangarh in Criminal Appeal
No.60/2022 (CIS No.45/2022), whereby the learned Judge
rejected the appeal filed by the petitioner against the judgment
dated 31.03.2022 passed by the learned Chief Judicial Magistrate,
Hanumangarh, for offence under Section 138 N.I. Act and affirmed
the sentence awarded to the petitioner of 01 year's S.I. along with
fine in the sum of Rs.1,50,000/-.
3. Counsel for the petitioner submits that the petitioner and
complainant-respondent No.2 have entered into a compromise in
the spirit of Lok Adalat and the copy of the compromise deed is
appended with the petition. The respondent No.2 has received all
(Uploaded on 29/10/2025 at 05:26:03 PM)
[2025:RJ-JD:46726] (2 of 2) [CRLR-1377/2025]
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
compromise dated 09.10.2025.
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 09.07.2024 and 31.03.2022 are hereby set
aside on the basis of the aforesaid compromise.
8. Hence, the instant criminal revision petition is disposed of.
9. Pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J
442-/Jitender//-
(Uploaded on 29/10/2025 at 05:26:03 PM)
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