Allowed

Sarvadaman Sharma S/O Harinarayan, Brahmin v. Nutan Kushwaha S/O Ramkaran Kushwaha

Rajasthan HC10 Sept 2020CRLR/2/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal appeal and set aside the conviction and sentence of the petitioner under the Negotiable Instruments Act, making the petitioner an acquittal, after accepting an affidavit showing a compromise and payment of the disputed amount by the petitioner to the complainant.

What did the court decide?

Conviction and sentence quashed; petitioner acquitted; deposited amount directed to be paid to complainant.

Sarvadaman Sharma S/O Harinarayan, Brahmin Vs Nutan… — Cheque Dishonour | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 2/2020

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Sarvadaman Sharma S/o Harinarayan, Brahmin, R/o Opposite Galaxy Computer, Near Vijay Kirana Store, Gurunanak Colony, Bundi District Bundi (Raj.)

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----Petitioner

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Versus

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Nutan Kushwaha S/o Ramkaran Kushwaha, R/o Dhabaiyo Ka Chowk, Bundi

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State Of Rajasthan, Through P.p.

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----Respondents

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For Petitioner(s)	: Mr. Sudarshan Kumar Laddha
For Respondent(s)	: Mr. Riyasat Ali, PP
For complainant	: Ms. Rekha Arora

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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10/09/2020

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Matter comes up on an application No.2/2020 filed by the applicant for removal of defect pointed out by the Registry.

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For the reasons mentioned in the application, the same is allowed. The defect pointed out by the Registry is waived.

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This revision petition has been filed against the impugned judgment of conviction and order of sentence dated 21.2.2017 passed by Judicial Magistrate No.2, Bundi in Criminal Regular Case No.283/2015 CIS No.1890/2015 and confirming the judgment dated 27.11.2019 passed by the learned Additional Sessions Judge No.2, Bundi in Criminal Appeal No.66/2017 whereby, the accused petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 (in short “N.I. Act”)

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(2 of 2)

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[CRLR-2/2020]

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and sentenced to undergo six months simple imprisonment and a fine of Rs.60,000/- and in default of payment of fine to further undergo two months simple imprisonment.

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Heard the learned counsel for the parties.

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It is submitted that a compromise has been arrived at between the parties and in lieu thereof, petitioner has paid the entire amount to complainant and there is nothing to recover from the accused petitioner. The compromise has been filed by respondent No.1. Nutan Kushwaha, which is taken on record. So, the revision petition may be allowed.

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Hence, in view of the above, the revision petition deserves to be decided in the light of compromise entered between the parties as per Section 138 of N.I. Act. The amount of Rs.60,000/deposited before the court below be paid to complainantrespondent No.1 Nutan Kushwaha.

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The revision petition preferred by the petitioner is allowed. The conviction of the petitioner as ordered by the trial court and confirmed by the Appellate Court is quashed and set aside. The petitioner is acquitted of the charges framed against him.

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The application No. 1/2020 filed by the applicant for taking on record the compromise is also disposed of.

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(NARENDRA SINGH DHADDHA),J

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Brijesh 72.

Sarvadaman Sharma S/O Harinarayan, Brahmin v. Nutan Kushwaha S/O Ramkaran Kushwaha

Case brief

What is this about?

What did the court decide?

Sarvadaman Sharma S/O Harinarayan, Brahmin v. Nutan Kushwaha S/O Ramkaran Kushwaha

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

Coram

Case details

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