Allowed

Rajesh Kumar Jain v. Pradeep Kumar and Ans

Rajasthan HC7 Feb 2018CRLR/214/2008

Case brief

AI extract

What is this about?

In a revision petition under Section 138 NI Act, the High Court allowed the petition and acquited the petitioner after the parties amicably settled the dispute, deposited the amount, and the offended party consented to the acquittal under Section 147. Previous convictions and orders were set aside.

What did the court decide?

Petitioner ordered to be acquitted; judgments/orders of courts below set aside.

Rajesh Kumar Jain Vs Pradeep Kumar and Ans — Cheque Dishonour | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No.214/2008

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Rajesh Kumar Jain Son of Shri Radhey Shyam by caste Jain Resident of Gudha Chanderji, Police Station Nadoti, District Karauli.

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----Petitioner

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Versus

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Pradeep Kumar Son of Nemi Chand, by caste Mahajan, Resident of Hindaun City, Police Station Hindaun District Karauli.

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State of Rajasthan through P.P.

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----Respondents

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For Petitioner(s) : Dr. V.B. Sharma Adv. For Respondent No.2 : Mr. Rishi Raj Singh Rathore, P.P. For Respondent No.1 : Mr. Sameer Sharma Adv.

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HON'BLE MRS. JUSTICE SABINA

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Judgment

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07/02/2018

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Petitioner had faced trial in a complaint filed by respondent No.1 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘Act’). Trial court vide judgment/order dated 14.08.2002 ordered the conviction and sentence of the petitioner under Section 138 of the Act. Appeal filed by the petitioner was dismissed by the Appellant Court vide order dated 26.03.2003. Hence, the present petition by the petitioner.

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Learned counsel for the petitioner as well as learned counsel for respondent no.1 have submitted that parties have amicably

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(2 of 2)

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[CRLR-214/2008]

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settled their dispute and parties be permitted to compound the offence.

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Respondent no.1 is present in person and has admitted the factum of compromise effected between the parties and has stated that he has no objection if the petitioner is ordered to be acquitted.

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Learned counsel for the petitioner has placed on record receipt in the sum of Rs. 5250/- with regard to the amount deposited by the petitioner with the Legal Services Authority.

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As per Section 147 of the Act, every offence under the Act is compoundable.

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Accordingly, in view of the compromise effected between the parties, this petition is allowed. Petitioner is ordered to be acquitted. Consequently, judgments/orders passed by the courts below are set aside.

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(SABINA)J.

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S.Kumawat/D-129

Rajesh Kumar Jain v. Pradeep Kumar and Ans

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Jain v. Pradeep Kumar and Ans

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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