Allowed

Sushil Sharma Son of Shri Krishna Avatar v. Vinay Kumar Alwani S/O Shri Purshottam Das Alwani

Rajasthan HC1 Feb 2024CRLR/89/2024

Case brief

AI extract

What is this about?

In a criminal revision petition filed against convictions for cheque dishonour under Section 138 NI Act, the High Court quashed the lower judgments allowing the petitioner's acquittal, relying on a valid compromise settled between the parties.

What did the court decide?

Quashing of convictions by Additional Sessions Judge and Special Metropolitan Magistrate; acquittal of the petitioner.

Sushil Sharma Son of Shri Krishna Avatar Vs Vinay Kumar… — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:5460]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 89/2024

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Sushil Sharma Son Of Shri Krishna Avatar, Residence At Samotti Ki Dhaani Purani RIICO Bassi, Jaipur

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----Petitioner

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Versus

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Vinay Kumar Alwani S/o Shri Purshottam Das Alwani, Residence At 106, Kawar Nagar, Jaipur

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State Government, Through Public Prosecutor

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----Respondents

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For Petitioner(s)	: Mr. Kritesh Oswal
For Respondent(s)	: Mr. Riyasat Ali - PP
	Mr. Vinay Ramchandani for
	complainant

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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01/02/2024

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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 06.09.2023 passed by learned Additional Sessions Judge No.1, Jaipur Metropolitan-II in Criminal Appeal No.14/2022, whereby, the judgment of conviction and order of sentence dated 16.03.2022 passed by the learned Special Metropolitan Magistrate (N.I. Act Cases) No.8, Jaipur Metropolitan-II in Criminal Case No.2600/2018 (CIS No.89990/2018) was upheld. The petitioner was convicted and sentenced as under:-

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Section 138 of N.I. Act:

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Six months' simple imprisonment alongwith fine of Rs.2,50,000/- and in default of payment of fine, he was further ordered to undergo two months' simple imprisonment.

[2024:RJ-JP:5460]

[CRLR-89/2024]

(2 of 3)

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 06.09.2023, 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 (Annexure-3) 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 06.09.2023 passed by learned Additional Sessions Judge No.1, Jaipur Metropolitan-II in Criminal Appeal No.14/2022 and the judgment of conviction and order of sentence dated 16.03.2022 passed by the learned Special Metropolitan Magistrate (N.I. Act Cases) No.8, Jaipur Metropolitan-

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[2024:RJ-JP:5460]

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(3 of 3) [CRLR-89/2024]

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II in Criminal Case No.2600/2018 (CIS No.89990/2018) 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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236-ASHWINI KUMAR CHOUHAN /680

Sushil Sharma Son of Shri Krishna Avatar v. Vinay Kumar Alwani S/O Shri Purshottam Das Alwani

Case brief

What is this about?

What did the court decide?

Sushil Sharma Son of Shri Krishna Avatar v. Vinay Kumar Alwani S/O Shri Purshottam Das Alwani

Case brief

What is this about?

What did the court decide?

What the court decided

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