Allowed

Kesar Devi v. State of Rajasthan

Rajasthan HC1 May 2023CRLR/326/2023

Case brief

AI extract

What is this about?

This court condoned the delayed filing of a criminal revision petition regarding a cheque dishonour case. Finding that the parties had amicably compromised and the complainant desired to drop proceedings, the court allowed the petition and quashed the conviction and sentence.

What did the court decide?

The judgment of conviction and sentence and the appeal order are quashed and set aside; the accused is acquitted and released if not detained elsewhere.

Kesar Devi Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2023)

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[2023/RJJD/012876]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 326/2023

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Kesar Devi W/o Kartar Singh (Employee Military Hospital Cantonment Area), Aged About 65 Years, R/o Ward No. 4 Sadhuwali Tehsil And Dist. Shri Ganganagar Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Kamla Devi W/o Late Sh. Banwari Lal, Aged About 60 Years, R/o Vill. Sadhuwali Tehsil And Dist. Shri Ganganagar Raj.

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----Respondents

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For Petitioner(s) : Mr. Vivek Aggarwal For Respondent(s) : Mr. K.D. Singh on behalf of Mr. Vipin Makkad.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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01/05/2023

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The instant revision petition is barred by limitation from 242 days. An application under Section 5 of the Limitation Act has been preferred seeking condonation of delay.

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In the facts and circumstances of the case and looking to the reasons mentioned in the application under Section 5 of the Limitation Act, the same is allowed. The delay in filing the revision petition is condoned.

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The petitioner has approached this Court for challenging the judgment dated 29.04.2022 passed by the learned Additional Session Judge No.1, Sri Ganganagar in Cr. Appeal No.352/2017 affirming the judgment dated 24.08.2017 passed by the learned Special Judicial Magistrate (NI Act Cases) No.2, Sri Ganganagar in

[2023/RJJD/012876]

[CRLR-326/2023]

(2 of 3)

Criminal Case No.955/2016 whereby, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to six months’ simple imprisonment and further ordered to pay compensation to the tune of Rs.75,000/- to the complainant.

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Briefly stated, that facts of the case are that the petitioner was prosecuted for committing an offence under Section 138 of the Negotiable Instruments Act. After completion of trial, she 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 29.04.2022, hence the present revision petition has been filed.

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The parties have entered into a compromise and have settled the dispute amicably. Copy of Compromise deed dated 19.04.2023 has been placed on record. Parties have resolved the dispute since the petitioner has paid the due amount satisfying the respondentclaimant. As per Section 147 of the N.I. Act, an offence under Section 138 of the N.I. Act is compoundable without taking permission of the court. 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 learned counsel for the parties. 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

(3 of 3)

[2023/RJJD/012876]

[CRLR-326/2023]

resolved their dispute amicably and the complainant does not wish to continue the proceedings.

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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 24.08.2017 passed by the learned Special Judicial Magistrate (NI Act Cases) No.2, Sri Ganganagar in Criminal Case No.955/2016 and the judgment in appeal dated 29.04.2022 passed by the learned Additional Session Judge No.1, Sri Ganganagar in Cr. Appeal No.352/2017 are quashed and set aside. The accused is acquitted from the charges. She shall be released from prison forthwith if not wanted in any other case.

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The revision petition and pending all Misc. application are disposed of.

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(FARJAND ALI),J

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109-Pramod/-

Kesar Devi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kesar Devi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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