Allowed

Vinay Kumar Mathur S/O Shri Prabhu Dayal v. Smt. Ajija Begum W/O Shri Mohd. Rafiq

Rajasthan HC3 Aug 2022CRLR/538/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal revision petition filed against convictions under Section 138 of the Negotiable Instruments Act. Finding that the parties had settled the underlying dispute, the Court acquitted the accused-petitioner and set aside the lower courts' orders.

What did the court decide?

The revision petition is allowed. The impugned orders of conviction and sentence are set aside. The accused-petitioner is acquitted and released forthwith.

Vinay Kumar Mathur S/O Shri Prabhu Dayal Vs Smt. Ajija… — 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. 538/2022

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Vinay Kumar Mathur S/o Shri Prabhu Dayal, Aged About 83 Years, R/o H.No. 348-B, R.K. Puram Kota (Raj.)

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----Petitioner

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Versus

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Smt. Ajija Begum W/o Shri Mohd. Rafiq, R/o Shokat Bhai Ka Makan, Police Chowki Ke Peeche, Bhisti Mohalla, Chawani Kota (Raj.).

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----Respondent

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For Petitioner(s) : Mr. Samarth Sharma, Adv. For Respondent(s) : Mr. Lalit Sharma, Adv.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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03/08/2022

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The present revision petition has been filed against the judgment dated 30.10.2019 passed by the learned Additional Sessions Court, Women Atrocities Cases No.1, Kota, Rajasthan in Criminal Appeal No.32/2019 affirming the judgment and order dated 19.12.2018 passed by the learned Special Judicial Magistrate (N.I. Act Cases), No.2, Kota, Rajasthan in Criminal Case No.328/2017 whereby the accused-petitioner 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.2,50,000/- as compensation and in default of payment of fine, to further undergo one month 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-538/2022]

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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 19.12.2018 & 30.10.2019 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 also stand disposed of accordingly.

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(UMA SHANKER VYAS),J

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Keshav/79

Vinay Kumar Mathur S/O Shri Prabhu Dayal v. Smt. Ajija Begum W/O Shri Mohd. Rafiq

Case brief

What is this about?

What did the court decide?

Vinay Kumar Mathur S/O Shri Prabhu Dayal v. Smt. Ajija Begum W/O Shri Mohd. Rafiq

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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