[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Urn: Crlr / 763U / 2026Mahesh Kumar ... vs State Of Rajasthan (2026:Rj-Jd:20570) on 30 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:20570]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 342/2026
Mahesh Kumar Parashar S/o Bhagwati Prasad Parashar, Aged
About 48 Years, B-720, Pratik Nagar, Bhilwara, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Ridaram S/o Sukharam, R/o Village Badu Tehsil Parbatsar
District Nagaur Raj.
----Respondents
For Petitioner(s) : --
For Respondent(s) : Mr. Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
30/04/2026
1. The revision petition is barred by 2255 days.
2. The matter comes upon an application (IA No.01/26) filed
under Section 5 of the Limitation Act for condonation of delay
occasioned in filing of the revision petition.
3. It it averred in the application that the delay occurred due to
bona fide reasons, including lack of proper legal advice and
circumstances beyond the petitioner's control. Subsequently,
the dispute has been amicably settled between the parties
through a compromise. It is submitted that no useful purpose
would be served by continuing the matter, and the delay
deserves to be condoned in the interest of justice. Denial of
condonation would cause irreparable loss to the petitioner,
while no prejudice would be caused to the respondent. The
delay so occasioned is bona fide, unintentional and
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[2026:RJ-JD:20570] (2 of 4) [CRLR-342/2026]
attributable to official processing, and therefore deserves to
be condoned in the interest of justice.
4. For the reason stated above, the application is allowed. The
delay is hereby condoned. The revision petition be treated
within limitation.
5. The matter comes up on another application (IA No.2/26) for
early listing of the case.
6. For the reasons stated in the application, the same is
allowed.
7. By filing the instant criminal revision petition, the petitioner
is challenging the judgment dated 05.08.2019 passed by the
learned Additional Sessions Judge, District Merta in Criminal
Appeal No.33/2019 affirming the judgment dated
22.12.2016 passed by the learned Judicial Magistrate,
Makrana, District Nagaur in Case No.107/2016, whereby, the
petitioner was convicted for the offence under Section 138 of
the Negotiable Instruments Act and was sentenced to
undergo simple imprisonment of two years' and further
ordered to pay a compensation of Rs.2,00,000/- and in
default of payment of the compensation, further to undergo
simple imprisonment of one month.
8. Briefly stated, facts of the case are that the petitioner was
prosecuted for committing an offence under Section 138 of
the Negotiable Instruments Act. After completion of trial, he
was found guilty and thus, was convicted and sentenced by
the learned trial Court. The judgment of conviction was
assailed by the petitioner by way of filing a criminal appeal
but the same has been dismissed vide judgment dated
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05.08.2019, hence the present revision petition has been
filed.
9. The parties have entered into a compromise and have
settled the dispute amicably. Copy of Compromise deed has
been placed on record. Parties have resolved the dispute
since the petitioner has paid the due amount satisfying the
respondent-claimant. As per Section 147 of the N.I. Act, an
offence under Section 138 of the N.I. Act is compoundable
without taking permission of the court. Thus, it is jointly
prayed that the judgment of conviction as well as the order
of appeal be quashed and set aside.
10. Heard learned counsel for the State. Perused the material
available on record and gone through both the judgments as
well as the compromise deed wherein it is recited that the
parties have resolved their dispute amicably and the
complainant does not wish to continue the proceedings.
11. The petitioner on his own has donated Rs.20,000/- in 'Sona
Manovikas Kendra' run by Sona Viklang Punarwas Avam
Shodh Sansthan, Bhilwara and receipt of the same has been
place on record.
12. In view of the compromise arrived at between the parties
and the statutory provision in this regard, the revision
petition is allowed. The judgment of conviction and order of
sentence dated 22.12.2016 passed by the learned Judicial
Magistrate, Makrana, District Nagaur in Case No.107/2016
and the judgment in appeal dated 05.08.2019 passed by the
learned Additional Sessions Judge, District Merta in Criminal
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Appeal No.33/2019 are quashed and set aside. The accused
is acquitted from the charges.
13. The petitioner is not in custody, therefore, he need not
surrender back. His bail bonds are discharged.
14. The stay petition is also disposed of.
(FARJAND ALI),J
47-Samvedana/-
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