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Rajasthan High Court - Jodhpur
Bherulal vs State Of Rajasthan (2026:Rj-Jd:3118) on 19 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:3118]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1328/2024
Bherulal S/o Shri Bhawarlal, Aged About 45 Years, R/o 182,
Tulsidas Ki Sarai, Naya Khet, Dabok, Udaipur (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Omprakash Bansal S/o Shri Tulsi Ram, Aged About 50
Years, R/o-4, Matakripa, Shantivan, Bedla Road, Near
Alok School, District Udaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Ojas Shakdweepiya
For Respondent(s) : Mr. Surendra Bishnoi, AGA
Mr. Himanshu Soni
HON'BLE MR. JUSTICE FARJAND ALI
Order
19/01/2026
1. The instant criminal revision petition under Section 438 read
with Section 442 of the BNSS has been preferred by the petitioner
being aggrieved by the judgment dated 05.09.2024 passed by the
learned Special Judge, SC/ST (Prevention of Atrocities), Udaipur in
Criminal Appeal No.113/2024, whereby the judgment of conviction
and order of sentence dated 26.02.2024 passed by the earned
Special Judicial Magistrate (N.I. Act Cases) No.6, Udaipur in
Criminal Regular Case No.16788/2015, convicting the petitioner
for the offence under Section 138 of the Negotiable Instruments
Act and sentencing him to undergo simple imprisonment for a
period of one year alongwith compensation to the tune of
Rs.80,000/-, was affirmed.
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2. Learned counsel for the petitioner submits that during the
pendency of the present revision petition, the parties have
amicably settled their dispute and a compromise was arrived at
between them on 03.01.2026. It is submitted that the entire due
amount has been paid to the complainant-respondent in full
satisfaction of his claim. It is further submitted that the offence
under Section 138 of the N.I. Act is compoundable in nature and,
in view of the full payment having been made, no useful purpose
would be served in continuing the criminal proceedings. It is also
pointed out that the petitioner is not in custody and is presently
on bail.
3. Learned counsel for the complainant-respondent, on
instructions, does not dispute the factum of compromise and
receipt of the entire due amount and submits that the complainant
has no objection if the offence is compounded and the judgments
passed by both the Courts below are quashed and set aside.
4. Heard learned counsel for the petitioner, learned Public
Prosecutor and learned counsel for the complainant-respondent
and perused the material available on record.
5. In the facts of the present case, it is not in dispute that the
entire due amount has been paid by the petitioner to the
complainant-respondent pursuant to the compromise dated
03.01.2026. The complainant-respondent has received the full
amount towards the cheque in question and has expressed his
consent for compounding of the offence. The offence under
Section 138 of the N.I. Act being compoundable in nature, and the
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dispute having been settled in entirety, this Court is of the
considered view that continuation of the conviction would serve no
fruitful purpose and the matter deserves to be given a quietus.
6. Upon due consideration of the submissions made and in view
of the compromise arrived at between the parties, this Court
deems it fit and proper to allow the instant criminal revision
petition.
7. Accordingly, the instant criminal revision petition is allowed.
The judgment dated 26.02.2024 passed by the learned Special
Judicial Magistrate (N.I. Act Cases) No.6, Udaipur in Criminal
Regular Case No.16788/2015 and the judgment dated 05.09.2024
passed by the learned Special Judge, SC/ST (Prevention of
Atrocities), Udaipur in Criminal Appeal No.113/2024 are hereby
quashed and set aside, and the petitioner-accused is acquitted of
the charge for the offence punishable under Section 138 of the
Negotiable Instruments Act. The petitioner shall be released
forthwith, if not required in connection with any other case.
8. All pending applications stand disposed of.
(FARJAND ALI),J
C-2-Samvedana/-
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