Allowed

Manna Lal Saini S/O Shri Chanda Lal Saini v. State of Rajasthan

Rajasthan HC23 Jan 2024CRLR/79/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision petition under Sections 397 and 401 Cr.P.C. against orders upholding conviction and sentence under Section 138 of the Negotiable Instruments Act. The court quashed the impugned judgments and acquitted the accused in view of a settling compromise between the parties.

What did the court decide?

The judgment and order of sentence in Criminal Appeal No. 17/2023 and Criminal Case No. 768/2016 were quashed and set aside; the accused was acquitted.

Manna Lal Saini S/O Shri Chanda Lal Saini Vs State of… — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:4128]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 79/2024

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Manna Lal Saini S/o Shri Chanda Lal Saini, Aged About 46 Years, R/o Village Parmanka Ki Dhani Pili Ki Talai, Tehsil Amer, District Jaipur

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Public Prosecutor

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Suwa Lal Saini S/o Shri Kushal Chand Saini, Aged About 44 Years, R/o Khedala Ki Dhani, Pili Ki Talai, Kasba Amer, District Jaipur

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----Respondents

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For Petitioner(s)	: Mr. Satyapal Poshwal
For Respondent(s)	: Mr. Suresh Kumar - PP
	Mr. Teeka Ram Meena for complainant

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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 01.12.2023 passed by learned Special Judge (Fake Currency Note Cases), Jaipur Metropolitan First in Regular Criminal Appeal No.17/2023 (CIS No.1672/2019) (CNR No.RJJM01-020351-2019), whereby, the judgment of conviction and order of sentence dated 26.09.2019 passed by the learned Metropolitan Magistrate No.35, Jaipur Metropolitan, H.Q. Amer in Criminal Case No.768/2016 was upheld. The petitioner was convicted and sentenced as under:-

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Section 138 of N.I. Act:

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Two years' simple imprisonment alongwith fine of Rs.8,80,000/- and in default of payment of fine, he was

[2024:RJ-JP:4128]

[CRLR-79/2024]

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further ordered to undergo four 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. 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 01.12.2023, 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 30.12.2023 (Annexure-3) has been placed on record. Parties have resolved the dispute since the petitioner has paid the due amount satisfying the respondent-claimant. 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 01.12.2023 passed by learned Special Judge (Fake Currency Note Cases), Jaipur Metropolitan First in Regular Criminal Appeal No.17/2023 (CIS No.1672/2019) (CNR No.RJJM01-020351-2019) and the judgment of conviction

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and order of sentence dated 26.09.2019 passed by the learned Metropolitan Magistrate No.35, Jaipur Metropolitan, H.Q. Amer in Criminal Case No.768/2016 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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185-ASHWINI KUMAR CHOUHAN /680

Manna Lal Saini S/O Shri Chanda Lal Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manna Lal Saini S/O Shri Chanda Lal Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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