Allowed

Narendra Singh Lodha S/O Sh. Gulab Singh Lodha B/C Oswal Jain v. State of Rajasthan through Pp

Rajasthan HC4 Jan 2019CRLR/8/2019

Case brief

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What is this about?

Held that pending revision in cheque bounce case is disposed of despite dishonoured cheque upon payment of settlement sum conditioned on deposit of further amount with Legal Services Authority or issuance of fresh complaint if returned dishonoured.

What did the court decide?

Revision allowed, petitioner released, conditional on deposit of Rs.10,000 with High Court Legal Services Authority or fresh complaint if cheque returned dishonoured.

Narendra Singh Lodha S/O Sh. Gulab Singh Lodha B/C Oswal… — Cheque Dishonour | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision No. 8/2019

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Narendra Singh Lodha S/o Sh. Gulab Singh Lodha B/c Oswal Jain, Aged About 65 Years, R/o House No 846 Ranisati Nagar Lane No 10 Janpath Ajmer Road Jaipur Raj. (At Present Accused Confined In Cnetral Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan Through Pp, Raj.

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Vikas Kothari S/o Shri Prakash Chand Kothari Proprietor, M/s Divino Shop No If-7/c-50 Axis Mall Bhagwandas Road Jaipur Raj.

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----Respondents For Petitioner(s) : Mr. Pankaj Gupta. For State : Mr. R.R. Singh Rathore, PP For Complainant : Mr. Ashok Sharma.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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04/01/2019

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Petitioner has preferred this revision petition aggrieved by Judgment and Order dated 11.04.2018 passed by Special Metropolitan Magistrate (N.I. Act Cases) No.14, Jaipur Metropolitan, Jaipur, whereby petitioner has been convicted under Section 138 of N.I. Act and against the Judgment and Order dated 14.12.2018 passed by Additional Sessions Judge No.9, Jaipur Metropolitan, Jaipur, whereby appeal preferred by the petitioner was rejected.

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It is contended by counsel for the petitioner that parties have amicably settled the dispute. The compromise arrived at between

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(2 of 2)

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[CRLR-8/2019]

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the parties, which is taken on record. Application filed in this respect is allowed.

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Counsel for the complainant has contended that as per the compromise, petitioner has given a cheque, which is dishonored. Complainant would have to again required to file a complaint against the petitioner.

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I have considered the contentions.

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Considering the fact that parties have amicably settled the dispute and a sum of Rs.3,50,000/- has been paid in cash to the complainant-respondent No.2 and a cheque of Rs.2,00000/- has been issued by son of the petitioner, which is handed over to the complainant, I deem it proper to set aside the orders passed by the courts below, subject further to the petitioner depositing Rs.10,000/- with the Rajasthan High Court Legal Services Authority, Jaipur Bench, Jaipur within a period of four weeks of his release from the jail. It is further made clear that if cheque tendered by son of the petitioner is dishonored, Judgment and Orders passed by the court below would stand and petitioner would have to undergo the sentence awarded by the court below.

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The revision petition is accordingly allowed.

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Petitioner be set at liberty forthwith, if not wanted in any other case.

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Copy of this order be sent by fax to the concerned Jail.

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(PANKAJ BHANDARI),J

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Chandan/138

Narendra Singh Lodha S/O Sh. Gulab Singh Lodha B/C Oswal Jain v. State of Rajasthan through Pp

Case brief

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Narendra Singh Lodha S/O Sh. Gulab Singh Lodha B/C Oswal Jain v. State of Rajasthan through Pp

Case brief

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What did the court decide?

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