Allowed

Sohanlal Godara v. State of Rajasthan

Rajasthan HC18 Jan 2022CRLR/48/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the criminal revision petition in a cheque dishonour case. Relying on Supreme Court precedents and a verified compromise between parties where full compensation was paid, the Court quashed the conviction and sentencing orders and ordered the release of the petitioner if in custody.

What did the court decide?

Quashment of conviction orders; release of petitioner from judicial custody if detained.

Sohanlal Godara 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. 48/2022

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Sohanlal Godara S/o Shri Chhagan Lal, Aged About 43 Years, R/o Village Bhompura, Via Sandwa, Presently Posted As Teacher, Govt. Secondary School, Bhatolai, Tehsil Bidasar, District Churu.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Ashok Kumar Atri S/o Mahaveer Prasad Atri (Swami), R/o Pragati Nagar, Sujangarh, District Churu.

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----Respondents

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For Petitioner(s)	: Mr. GR Punis, Sr. Advocate with Mr.
	Rajesh Punia,through VC
For Respondent(s)	: Mr. PradeepKhinchi,through VC

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Judgment

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18/01/2022

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The present revision petition has been filed against the judgment dated 27.10.2021 passed by the learned Addl. Sessions Judge, Sujangarh, District Churu in cr. appeal no.3/2019 affirming the judgment and order dated 29.1.2019 passed by the learned Addl. Chief Judicial Magistrate, Sujangarh in Criminal Original Case No.135/2015 whereby the petitioner was convicted and sentenced under Section 138 of the NI Act to two years simple imprisonment with a direction to pay a sum of Rs. 7,50,000/- as compensation and in default of payment of fine to further undergo three months imprisonment.

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Learned counsel for the petitioner submits that during the pendency of the present revision petition, the entire amount has

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(2 of 2)

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[CRLR-48/2022]

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been paid to the complainant. He further submits that the dispute of the non-payment of the amount has been settled between the parties by entering into a compromise. In this regard, the petitioner has also submitted copy of the affidavit on record.

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Learned counsel for the petitioner relies upon the judgment of Hon’ble Supreme Court in the case of State of MP Vs. Laxmi Narayan & ors. Reported in AIR 2019 SC 1296 and Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663.

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The fact of compromise is not disputed by the counsel for the complainant-respondent.

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In view of the judgments of the Hon’ble Supreme Court and the compromise having been entered into between the parties, the present revision petition is allowed and the orders dated 27.10.2021 and 29.1.2019 are hereby quashed and set aside.

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If the petitioner is in the 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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(MADAN GOPAL VYAS),J

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84-CPGoyal/-

Sohanlal Godara v. State of Rajasthan

Case brief

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Sohanlal Godara v. State of Rajasthan

Case brief

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