Allowed

Indernath Tandon S/O Shri Suanath Tandon, v. Mahendra Kumar Chauhan S/O Shri Manibhai Gujrati

Rajasthan HC5 Mar 2024CRLR/185/2024

Case brief

AI extract

What is this about?

This Criminal Revision Petition was allowed following a compromise between the parties. The Rajasthan High Court quashed the conviction and sentence in a Section 138 NI Act case and acquitted the accused, noting settlement and complaint withdrawal.

What did the court decide?

Impugned judgments dated 17.02.2022 and 04.03.2020 were quashed and set aside; the petitioner was acquitted of charges.

Indernath Tandon S/O Shri Suanath Tandon, Vs Mahendra… — Cheque Dishonour | Rajasthan HC (2024)

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[CRLR-185/2024]

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(1 of 3)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 185/2024

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Indernath Tandon S/o Shri Suanath Tandon, Aged About 59 Years, R/o 25/585, Natheshwar Mohalla, Near Shiv Mandir, Shisha Khan, Ajmer, District Ajmer (Raj.)

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----Petitioner

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Versus

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Mahendra Kumar Chauhan S/o Shri Manibhai Gujrati, R/o House No. 18/191, Saudagar Mohalla, Ajmer, District Ajmer (Raj.)

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State Of Rajasthan, Through Public Prosecutor

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----Respondents

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For Petitioner(s)	: Mr. Manoj Kumar Chaudhary
For Respondent(s)	: Mr. Mahendra Meena, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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05/03/2024

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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 17.02.2022 passed by learned Additional Session Judge No. 2, Ajmer in criminal appeal No. 5/2020 (173/20) whereby, the judgment of conviction and order of sentence dated 04.03.2020 passed by the learned Additional Civil Judge and Judicial Magistrate First Class No. 6, Ajmer in criminal case No. 138/15 (81/15) (CIS NO. 3009/2017) was upheld. The petitioner was convicted and sentenced as under:-

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[CRLR-185/2024]

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(2 of 3)

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Section 138 of NI Act:

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Six month’ simple imprisonment alongwith fine of Rs. 3,50,000/and in default of payment of fine; he was further ordered to undergo two months’ 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 (for short ‘NI 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 17.02.2022, hereby, the petitioner preferred the present revision petition.

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The parties have entered into a compromise and have settled the dispute amicably. 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 may be quashed and set aside.

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4 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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[CRLR-185/2024]

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(3 of 3)

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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 17.02.2022 passed by learned Additional Judge No. 2, Ajmer in criminal appeal No. 5/20 (173/20) and the judgment of conviction and order of sentence dated 0403.2020 passed by the learned Additional Civil Judge and Judicial Magistrate First Class No. 6, Ajmer in criminal case NO. 138/15 (18/15) (CIS No. 3009/17) 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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ashu /308

Indernath Tandon S/O Shri Suanath Tandon, v. Mahendra Kumar Chauhan S/O Shri Manibhai Gujrati

Case brief

What is this about?

What did the court decide?

Indernath Tandon S/O Shri Suanath Tandon, v. Mahendra Kumar Chauhan S/O Shri Manibhai Gujrati

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

Case details

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