Allowed

Peer Mohammed @ Peeru v. State of Rajasthan

Rajasthan HC9 Dec 2022CRLR/1532/2022

Case brief

AI extract

What is this about?

The High Court quashed the conviction and sentence orders in a cheque dishonour case under Section 138 N.I. Act following an inter-party compromise. The petitioner was acquitted but ordered to pay Rs.10,000 as cost of proceedings within ten days.

What did the court decide?

Judgment of conviction and sentence quashed and set aside; petitioner acquitted but ordered to deposit Rs.10,000 as cost of proceedings.

Peer Mohammed @ Peeru Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 1532/2022

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Peer Mohammed @ Peeru S/o Shafi Mohammed, Aged About 54 Years, B/c Deshwali Muslim R/o Bad-Ka-Chowk Nearby Peer-Bab Ka Chabutara Jahajpur Ps Jahajpur Dist. Bhilwara (Presently No Confined In Jail)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Shafiq Mohammed S/o Mazid Khan, B/c Muslim R/o Nabo Ka Mohalla Jahajpur Dist. Bhilwara

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----Respondents

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For Petitioner(s)	: Mr. JVS Deora
For Respondent(s)	: Mr. Gaurav Singh, PP Mr. Avinash Bhati

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HON'BLE MR. JUSTICE FARJAND ALI Order

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09/12/2022

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By way of filing the instant criminal revision petition, challenge has been made to the judgment of conviction and order of sentence dated 28.08.2018 passed by learned Judicial Magistrate, Jahajpur, Bhilwara in Criminal Regular Case No.183/2012 which has been affirmed in appeal by learned Additional Sessions Judge, Shahpura Camp at Jahajpur, District Bhilwara vide judgment dated 26.08.2022.

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Briefly stated, that facts of the case are that the petitioner was prosecuted for committing offence under Section 138 of the N.I. Act. After completion of trial, he was found guilty and thus, was convicted and sentenced by the learned trial Court. The judgment of conviction was assailed by the petitioner by way of filing a criminal appeal but the same has been dismissed vide judgment dated 26.08.2022, hence the present revision petition has been filed.

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(2 of 2)

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[CRLR-1532/2022]

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The partied have entered into a compromise before this Court and have settled the dispute amicably. Compromise deed has been placed on record. Parties have resolved the dispute since the petitioner has paid the due amount satisfying the respondent claimant. Thus, it is jointly prayed that the judgment of conviction as well as the order of appeal be quashed and set aside.

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Heard. Perused the material available on record and gone through both the judgments as well as the compromise deed wherein it is recited that the parties have resolved their dispute amicably and the complainant does not wish to continue the proceedings.

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Since the precious time of the court has been wasted in the entire criminal proceedings and now, the parties have arrived at a compromise at a belated stage, therefore, it is deemed appropriate to impose cost of proceedings upon the accused.

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In view of the compromise arrived at between the parties and the statutory provision in this regard, the revision petition is allowed. The judgment of conviction and order of sentence dated 28.08.2018 passed by learned Judicial Magistrate, Jahajpur, Bhilwara in Criminal Regular Case No.183/2012 and the judgment in appeal dated 26.08.2022 passed by learned Additional Sessions Judge, Shahpura Camp at Jahajpur, District Bhilwara in Criminal Appeal No.77/2018 are quashed and set aside. The accused is acquitted from the charges. However, the accused petitioner has to deposit an amount of Rs.10,000/- as cost of proceedings and the same shall be deposited by him within ten days from today to the learned trial Court. If the amount of cost of proceedings is not paid within the stipulated period, the judgment of conviction shall be rejuvenated.

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(FARJAND ALI),J

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145-amit/-

Peer Mohammed @ Peeru v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Peer Mohammed @ Peeru v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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