Allowed

Suresh Sharma S/O Shri Ramniwas Sharma, v. State of Rajasthan

Rajasthan HC2 Nov 2022CRLMA/197/2021

Case brief

AI extract

What is this about?

Appeal against a compromise order quashing an FIR where the commission of offences was settled through cheques. The High Court allowed the recall of the quashing order and restored the original petition number upon finding that the accused failed to honour the compensation via cheque payments assumed by compromise.

What did the court decide?

The appeal petition was allowed. The order passed on 15.03.2021 recalled and the SB Criminal Miscellaneous Petition No.1488/2020 restored. Interim protection to the accused-vacated.

Suresh Sharma S/O Shri Ramniwas Sharma, Vs State of… — Cheque Dishonour | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Application No. 197/2021

¶3

¶4

S.B. Criminal Miscellaneous Petition No.1488/2020

¶5

Suresh Sharma S/o Shri Ramniwas Sharma, Aged About 45 Years, Resident Of 932, Behind Street Of Shiv Mandir, Ward No. 7, Tehsil Kishangarh, District Ajmer, Rajasthan

¶6

Gyan Singh S/o Shri Suraj Singh @ Surta Singh, Aged About 45 Years, Resident Of Baadiya Haryali, Somalpur, District Ajmer, Rajasthan.

¶7

Jait Singh S/o Shri Man Singh, Aged About 43 Years, Resident Of Nathdaau, Tehsil Shergarh, District Jodhpur, Rajasthan.

¶8

----Accused-Petitioners

¶9

Versus

¶10

State of Rajasthan, through Public Prosecutor.

¶11

Respondent

¶12

Ratan Kumar Jain S/o Shri Swaroop Chand Jain, Aged About 63 Years, Resident Of B-307, City Pulse, Narayan Singh Cirlce, Jaipur, Rajasthan.

¶13

----Complainant-Respondent

¶14

For Petitioner(s) : Mr. C.M. Sharma with Mr. P.K. Kasliwal For Respondent(s) : Mr. Riyasat Ali, P.P. Mr. Syed Saadat Ali

¶15

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

¶16

Order

¶17

02/11/2022

¶18

This criminal miscellaneous application has been filed by the complainant-applicant for recalling the order dated 15.03.2021 passed by this Court in SB Criminal Miscellaneous Petition No.1488/2020 whereby, on the basis of compromise between the

¶19

(2 of 3)

¶20

[CRLMA-197/2021]

¶21

parties, the FIR No.137/2019 dated 02.05.2019 registered at Police Station Moti Dungri, District Jaipur City (East) for offences under Sections 420, 406, 120-B, 389, 467, 468 & 471 IPC was quashed with liberty to the respondent-complainant to get the criminal miscellaneous petition revived in case the accusedpetitioners fail to honour the terms of compromise.

¶22

Learned counsel for the complainant-applicant submits that all the nine cheques issued by the accused-petitioners under the terms of compromise dated 02.03.2021, have been dishonoured and the accused-non-applicants have refused to pay the settlement amount under the cheques despite repeated requests. He, therefore, prays that the application be allowed, the order dated 15.03.2021 be recalled and the SB Criminal Miscellaneous Petition No.1488/2020 be revived.

¶23

Learned counsel for the accused-non-applicants is not in a position to refute the aforesaid submission.

¶24

Heard. Considered.

¶25

Vide order dated 15.03.2021, this Court quashed the FIR No.137/2019 registered at Police Station Moti Dungri, District Jaipur City (East) on the basis of compromise entered into between the parties wherein, the accused-non-applicants agreed to pay a sum of 67₹ ,00,000/- to the complainant-applicant through nine cheques. It was stipulated in the order itself that since, the subject FIR was being quashed in terms of compromise between the parties, the respondent would be at liberty to get the criminal miscellaneous petition revived in case the accusedpetitioners fail to honour the terms of compromise.

¶26

Indisputably, the accused-non-applicants did not honour the terms of compromise.

¶27

(3 of 3)

¶28

[CRLMA-197/2021]

¶29

In view thereof, the application filed by the complainantapplicant deserves to be allowed.

¶30

The application is allowed accordingly.

¶31

The order dated 15.03.2021 passed in SB Criminal Miscellaneous Petition No.1488/2020 is recalled and the SB Criminal Miscellaneous Petition is restored to its original number.

¶32

In view of failure of the accused-non-applicants to abide by the terms of compromise, this Court does not deem it just and proper to continue the interim protection extended to them by this Court. The interim protection is vacated hereby.

¶33

(MAHENDAR KUMAR GOYAL),J

¶34

Manish/34

Suresh Sharma S/O Shri Ramniwas Sharma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Suresh Sharma S/O Shri Ramniwas Sharma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Durga Enterprises Vs Central Warehousing Corporation

Kanaram Raigar S/O Shri Bhuraram Raigar Vs State of Rajasthan

Shri Ramesh Chand Tilani S/O Shri Gopal Das Tilani Vs Jaipur Development Authority

Shri Prabhu Lal @ Prabhu Dayal S/O Late Sh. Jaikishan Vs Mukesh S/O Late Sh. Shivcharan

Arvind Kumar Sharma S/O Shri Ramjilal Vs State of Rajasthan

Mittal Corporate Consultancy Pvt. Ltd. Vs Shri Ramlal Son of Shri Sanwala Ji