The High Court quashed the conviction and sentence under Section 138 NI Act following a compromise between the petitioner and the complainant. The revision petition was disposed of, and the appellant was acquitted.
Conviction and sentence under Section 138 NI Act quashed; appellant acquitted; revision petition disposed of.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1290/2021
Preeti Paswani Wife Of Raju Paswani, Resident Of Plot No. B-82, Nandpuri Colony, Ramnagar, Sodala, Jaipur (Raj)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ankur Singh Tomar For Respondent(s) : Mr. Imran Khan, PP Mr. Rohit Solanki, complainant
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
02/12/2021
It has been submitted by learned counsel for both the parties that the parties have entered into compromise. The petitioner was convicted by the learned trial court for offence under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to four months imprisonment vide judgment dated 16.12.2019. The appeal of the petitioner was dismissed by learned Appellate Court vide judgment dated 19.08.2021. Now, both the parties have entered into compromise, which has been verified by the Registrar (Judicial). Learned counsel for the parties have also submitted that the matter has been amicably resolved and now the respondent/complainant does not want to prosecute the matter further.
(2 of 2)
[CRLR-1290/2021]
In view of the compromise between the parties, the judgment of conviction and sentence passed by the learned trial court dated 16.12.2019 and the Appellate Court dated 19.08.2021 are hereby quashed and set aside. The appellant is acquitted from the charge under Section 138 of the NI Act.
Accordingly, the revision petition stands disposed of.
(MANOJ KUMAR VYAS),J
Sunita/84
2 issues framed by the court
Whether the conviction and sentence under Section 138 NI Act should be quashed upon the parties entering a compromise.
Whether the criminal case should be disposed of given that the matter has been amicably resolved.
1 provisions across 1 enactments
Preeti Paswani
State Of Rajasthan
Laxman Singh Chauhan
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
