[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Bhanwar Lal vs State Of Rajasthan (2026:Rj-Jd:9456) on 20 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:9456]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 277/2026
Bhanwar Lal S/o Ram Lal, Aged About 45 Years, R/o Plot No 70
Rajeev Gandhi, Basani First Phase, Jodhpur. (Lodged In Central
Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Supreme Motors Registered Partnership Firm, Through
Partner Rakesh S/o Dungar Singh R/o 14 Padmawati
Nagar, Jalam Villas, Jodhpur/ Nh- 62 Gram Mogada Pali
Road, Jodhpur
----Respondents
For Petitioner(s) : Mr. Vijay Raj Bishnoi
For Respondent(s) : Mr. NS Chandawat, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/02/2026
1. By filing the instant criminal revision petition, the petitioner
is challenging the judgment dated 19.11.2025 passed by the
learned Additional Sessions Judge, No.4, Jodhpur Metro in
Criminal Appeal No.292/2024 affirming the judgment dated
10.07.2024 passed by the learned Special Metro Magistrate (N.I.
Act) No.5, Jodhpur Metro in Case No.143/2021 whereby the
learned Trial Court, upon holding the accused guilty for the offence
punishable under Section 138 of the N.I. Act, sentenced him to
undergo one year's simple imprisonment and to pay a fine of Rs.
11,40,000/-. It was further directed that in default of payment of
fine, the accused shall undergo an additional six months' simple
imprisonment.
(Uploaded on 23/02/2026 at 06:28:36 PM)
[2026:RJ-JD:9456] (2 of 3) [CRLR-277/2026]
2. 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 19.11.2025, hence the present
revision petition has been filed.
3. The parties have entered into a compromise and have settled
the dispute amicably. Copy of Compromise deed dated 12.02.2026
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.
4. Heard learned counsel for the parties. 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.
5. 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
dated 10.07.2024 passed by the learned Special Metro Magistrate
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[2026:RJ-JD:9456] (3 of 3) [CRLR-277/2026]
(N.I. Act) No.5, Jodhpur Metro in Case No.143/2021 and the
judgment in appeal dated 19.11.2025 passed by the learned
Additional Sessions Judge, No.4, Jodhpur Metro in Criminal Appeal
No.292/2024 are quashed and set aside. The accused is acquitted
from the charges. However, since the dispute has been resolved
after long lapse of time and the precious time of the Courts have
been spent by the parties, thus, in light of the Supreme Court
Judgment in the case of Damodar S. Prabhu Vs. Sayed Babulal
H., reported in AIR 2010 SC 1907 this Court deemed
appropriate to impose a cost. Thus, vide order dated 19.02.2026
petitioner was directed to deposit a cost of Rs.40,000/- with the
Police Welfare Fund, Commissionerate Jodhpur. Learned counsel
for the petitioner submits that the cost is deposited and a receipt
in this regard has been submitted before this Court.
6. The petitioner is in judicial custody. He shall be released
forthwith if not wanted in any other case. If after judgment of
appeal, warrant has been issued against the petitioner, then the
same shall be withdrawn forthwith.
7. The stay petition is also disposed of.
(FARJAND ALI),J
27-chhavi/-
(Uploaded on 23/02/2026 at 06:28:36 PM)
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