Allowed

Mohammad Umar v. State of Rajasthan

Rajasthan HC6 Feb 2024CRLMP/5990/2023

Case brief

AI extract

What is this about?

High Court of Rajasthan allowed a criminal miscellaneous petition under Section 482 Cr.P.C. and quashed an impugned order dismissing a settlement proposal. The Court noted the dispute was amicably settled with payment of ₹5 lakhs in cash and ₹6 lakhs via demand draft, closing the complaint.

What did the court decide?

The order dated 13.09.2023 dismissing the settlement proposal was quashed; the complaint was closed on the basis of compromise.

Mohammad Umar Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JD:6287]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 5990/2023

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Mohammad Umar S/o Shri Mohammad Ismail, Aged About 59 Years, R/o Bhawan Arju, Road No. 1, Adarsh Nagar, Makrana, Tehsil- Makrana, Dist. Nagaur, Rajasthan -341505

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Subhash Chand S/o Shri Late Hari Baksh, Aged About 57 Years, R/o Gehlot Colony, Makrana, Tehsil-Makrana, Dist. Nagaur, Rajasthan-341505

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----Respondents

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For Petitioner(s)	: Mr. Asad Sheikh
For Respondent(s)	: Mr. Sharwan Bishnoi, P.p.
	Mr. Anuj Sahlot and Mr. Arun Dadhich
	for respondent No. 2

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment

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06/02/2024

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The present criminal miscellaneous petition under Section 482 of Cr.P.C. has been preferred by the accused-petitioner against the order dated 13.09.2023 passed by the learned Additional Chief Judicial Magistrate, Makrana, District Nagaur (hereinafter referred to as the learned trial Court) in Complaint Case No. 267/2015, whereby, the application cum proposal made by the petitioner-accused for depositing the entire cheque amount was dismissed by the learned trial Court.

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On 15.01.2024, when the present case was listed before a co-ordinate Bench, learned counsel for the petitioner submitted that the petitioner intends the settlement of dispute. It was

[2024:RJ-JD:6287]

[CRLMP-5990/2023]

(2 of 2)

submitted by him that in spite of the fact that a sum of Rs. 9 Lakhs was offered by the petitioner before the learned trial Court, the learned trial Court refused to compound the case. However, the coordinate Bench was of the opinion that in case the petitioner pays a sum of rupees 11 Lakhs, the same would would be just and reasonable compensation. Learned counsel appearing for the respondent was provided one week’s time to respond.

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Today, both the parties appeared along with counsel and submitted that matter has been settled between the parties amicably and the petitioner is paying a sum of Rs. 5 lakhs in cash today and has handed over a Demand Draft of Rs. 6 lakhs to the respondent. Therefore, both the parties have prayed that the present criminal miscellaneous petition may be disposed of accordingly.

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Accordingly, the present criminal miscellaneous petition is allowed. The order dated 13.09.2023 passed by learned Chief Judicial Magistrate, Makhrana, District Nagaur in complaint case No. 267/2015 is quashed and set aside and the complaint filed against the petitioner is closed on the basis of compromise.

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(MADAN GOPAL VYAS),J

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416-manila/-

Mohammad Umar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohammad Umar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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