Allowed

Nemi Chand Son of Banshidhar v. State of Rajasthan

Rajasthan HC23 Jan 2024CRLR/1802/2022

Case brief

AI extract

What is this about?

In a revision petition under Cr.P.C., the High Court allowed the application, moved by an accused convicted under Section 138 of the Negotiable Instruments Act. Upon verifying the affidavit of settlement and compromise between the parties, where the dispute was amicably resolved and the dues paid, this court quashed the conviction and sentence, giving the accused a complete acquittal.

What did the court decide?

Matters are quashed and set aside; accused is acquitted from charges; pending applications disposed of.

Nemi Chand Son of Banshidhar Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:4154]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 1802/2022

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Nemi Chand Son Of Banshidhar, Aged About 58 Years, Resident Of Village Gram 2-Ka-151, Shivaji Park, Alwar Rajasthan (Accused Petitioner Confined In District Jail Alwar)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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Virendra Kumar Khandelwal @ Bunty Son Of Ramavtar, Resident Of 50, Indira Colony, Alwar At Present Shopkeeper Khandelwal Department Store Opposite Saini Dharmashala, Nayabas, Alwar Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Shantanu Gupta For Respondent(s) : Mr. Suresh Kumar - PP Mr. Shree Ram Yadav for complainat

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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23/01/2024

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This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred against the judgment dated 17.10.2022 passed by learned Additional Sessions Judge No.1, Alwar in Criminal Appeal No.10/2021 (CIS No.30/2021), whereby, the judgment of conviction and order of sentence dated 02.02.2021 passed by the learned Special Judicial Magistrate, (N.I. Act Cases) No.1, Alwar in Criminal Case No.23/276/18 (CIS No.1260/18) was upheld. The petitioner was convicted and sentenced as under:-

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Section 138 of N.I. Act:

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One year's simple imprisonment alongwith fine of Rs.2,04,000/- and in default of payment of fine, he was

[2024:RJ-JP:4154]

[CRLR-1802/2022]

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further ordered to undergo fifteen days' simple imprisonment.

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Brief 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, he 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 17.10.2022, hence, the petitioner preferred the present revision petition.

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The parties have entered into a compromise and have settled the dispute amicably. Copy of compromise dated 16.11.2023 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 both the judgments 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, wherein, it is recited that the parties have 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 dated 17.10.2022 passed by learned Additional Sessions Judge No.1, Alwar in Criminal Appeal No.10/2021 (CIS No.30/2021) and the judgment of conviction and order of sentence dated 02.02.2021 passed by the learned Special

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[2024:RJ-JP:4154]

[CRLR-1802/2022]

Judicial Magistrate, (N.I. Act Cases) No.1, Alwar in Criminal Case No.23/276/18 (CIS No.1260/18) are quashed and set aside. The accused is acquitted from the charges.

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All pending applications stand disposed of.

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(PRAVEER BHATNAGAR),J

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88-ASHWINI KUMAR CHOUHAN /680

Nemi Chand Son of Banshidhar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nemi Chand Son of Banshidhar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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