Allowed

Mohammed Usman S/O Shree Jabbar Khan v. Kalu Singh S/O Shree Swaai Singh

Rajasthan HC19 Dec 2022CRLR/1934/2022

Case brief

AI extract

What is this about?

Revision petition against conviction under S. 138 NI Act allowed due to compromise between parties. High Court set aside lower court orders, acquitted petitioner, and ordered immediate release from custody.

What did the court decide?

Reviation petition allowed, orders set aside, petitioner acquitted, and ordered release from judicial custody if applicable.

Mohammed Usman S/O Shree Jabbar Khan Vs Kalu Singh S/O… — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 1934/2022

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Mohammed Usman S/o Shree Jabbar Khan, R/o Telephone Operator R.R.C. Sawai Mansingh Hospital Jaipur

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----Petitioner

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Versus

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Kalu Singh S/o Shree Swaai Singh, R/o Sp-18, D.p. Colony, Near Tagore Public School, Shastri Nagar, Jaipur

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----Respondent For Petitioner(s) : Mr. J.M. Khan For Respondent(s) : Mr. Ganesh Saini, PP Mr. Kishan Meena

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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19/12/2022

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The present revision petition has been filed against the judgment dated 27.03.2017 passed by the learned Additional Session Judge No.8, Jaipur Metro in Criminal Appeal No.83/2016 affirming the judgment and order dated 09.08.2016 passed by the learned Special Metropolitan Magistrate (NI Act Cases) No.14 in Criminal Original Case No.1803/2013 whereby the accusedpetitioner was convicted and sentenced under Section 138 of the Negotiable Instruments Act to one year simple imprisonment with a direction to pay a sum of Rs.1,25,000/- as compensation and in default of payment of fine, to further undergo three months simple imprisonment.

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Learned counsel for the accused-petitioner submits that during pendency of the present revision petition, the dispute of

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(2 of 2)

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[CRLR-1934/2022]

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non-payment of the amount has been settled between the parties by entering into a compromise.

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Perused the record. The compromise, duly verified by the Registrar (Judicial), is available on record. The offence u/s. 138 of the Negotiable Instruments Act is compoundable, hence, the accused-petitioner deserves to be acquitted on the basis of compromise.

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In view of compromise having been entered into between the parties, the present revision petition is allowed. The orders passed by the learned trial court as well as by the learned appellate court dated 27.03.2017 & 09.08.2016 are hereby set aside and the accused-petitioner is acquitted.

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If the accused-petitioner is in judicial custody, he be released forthwith.

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All the interlocutory applications as well as the stay application also stand disposed of accordingly.

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(VINOD KUMAR BHARWANI),J

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PREETI VALECHA /121

Mohammed Usman S/O Shree Jabbar Khan v. Kalu Singh S/O Shree Swaai Singh

Case brief

What is this about?

What did the court decide?

Mohammed Usman S/O Shree Jabbar Khan v. Kalu Singh S/O Shree Swaai Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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