Allowed

Vitthal Kumar Jajoo v. State of Rajasthan

Rajasthan HC4 Feb 2023CRLMP/582/2023

Case brief

AI extract

What is this about?

The High Court held that since the offence under Section 138 NI Act is compoundable and the parties had reached a settlement, the petitioner need not be arrested. The arrest warrant was converted into a bailable warrant and the lower court order was modified.

What did the court decide?

The arrest warrant issued against the petitioner is converted into a bailable warrant; the order forfeiting bail bonds is modified; the petition and stay petition are disposed of.

Vitthal Kumar Jajoo Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 582/2023

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Vitthal Kumar Jajoo S/o Sh. Kanhaiya Lal Jajoo, Aged About 56 Years, Shambhu Bhawan, Fateh Sagar, Jodhpur. Proprietor- Hari Associates, Second Floor, Atma Ram Building, Sojati Gate, Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp 2. Trilochan Singh S/o Atar Singh, 17/621, Chopasani Housing Board, Jodhpur (Raj.),.

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----Respondents

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For Petitioner(s)	:	Mr. R.S. Mankad
		Mr. Gaju Singh
For Respondent(s)	:	Mohd. Javed Gouri, PP
		Mr. Ashok Prajapat

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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04/02/2023

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The present Criminal Misc. Petition under section 482 of Cr.P.C has been preferred by the petitioner against the orders dated 03.11.2022 passed by the learned Special Metropolitan Magistrate (N.I. Act Cases) No.8, Jodhpur Metropolitan, in Criminal Original Case No.904/2018 whereby the learned Trial Court forfeited the bail bonds and issued arrest warrant against the petitioner in pursuance of the order dated 17.10.2022 passed by the learned Additional District and Sessions Judge, No.5, Jodhpur Metropolitan in Criminal Appeal No.139/2022.

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Learned counsel appearing for the petitioner submits that the learned Trial Court convicted the petitioner under Section 138 of

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(2 of 3)

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[CRLMP-582/2023]

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the Negotiable Instrument Act for six months simple imprisonment and to pay a sum of Rs.8,50,000/- as compensation and in default of payment of fine to further undergo two months simple imprisonment. It is submitted that the parties have reached a settlement and they have now agreed to dissolve the dispute by mutual consent, but the learned Court below has not allowed the parties to submit the compromise unless the petitioner surrenders before the Court below. It is submitted that as per the compromise, the amount has already been settled, and therefore, the petitioner may not be arrested in the present case.

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Learned Public Prosecutor and the learned counsel appearing for the respondent No.2 are in agreement with the contention of learned counsel for the petitioner that a compromise has been arrived at between the parties.

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Heard learned counsel for the parties and perused the material available on record.

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The offence alleged against the petitioner is under Section 138 of the Negotiable Instrument Act and since the parties have already entered into compromise and since the offence under Section 138 of the N.I. Act is compoundable, the petitioner is not required to be arrested.

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In view of the above & in view of the fact that parties have entered into a compromise, the present Criminal Misc. Petition is disposed of and the arrest warrant issued against the petitioner is converted into bailable warrant. The order dated 03.11.2022 passed by the learned Special Metropolitan Magistrate (N.I. Act Cases) No.8, Jodhpur Metropolitan in Criminal Original Case No.904/2018 is modified to that extent.

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(3 of 3) [CRLMP-582/2023]

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The stay petition also stands disposed of accordingly.

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(MADAN GOPAL VYAS),J

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90-neha/-

Vitthal Kumar Jajoo v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vitthal Kumar Jajoo v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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