Quashed

Banwari Lal Sharma Son of Late Shri Mohan Lal Sharma, v. State of Rajasthan

Rajasthan HC17 Jan 2025CRLMP/248/2025

Case brief

AI extract

What is this about?

The petition for quashing conviction and sentence under Section 138 NI Act was allowed on the basis of a compromise deed between the accused and the complainant. Relying on a coordinate bench decision, the court set aside the judgments of the Trial Court and the Appellate Court.

What did the court decide?

The orders of conviction and sentence passed by the Trial Court dated 11.07.2019 and the Appellate Court dated 05.11.2019 are quashed and set aside.

Banwari Lal Sharma Son of Late Shri Mohan Lal Sharma, Vs… — Cheque Dishonour | Rajasthan HC (2025)

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[2025:RJ-JP:2571]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 248/2025

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Banwari Lal Sharma Son Of Late Shri Mohan Lal Sharma, Aged About 55 Years, Resident Of Kareli Ki Dhandi, Ward No. 6, Village Biharipura, Post Sirsali, Via Chomu, Tehsil Amer, District Jaipur (Raj).

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----Petitioner

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Versus

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State of Rajasthan, Through P.P.

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Kailash Chand Takhar S/o Mohan Lal Takhar, Resident Of Takhari Ki Dhani, Village Biharipura, Tehsil Amer, District Jaipur (Raj).

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----Respondents

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For Petitioner(s) : Mr. Sunil Kumar Saini, Adv. petitioner-in-person

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For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Ashwani Jangid, Adv. for respondent no.2 respondent no.2-in-person

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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17/01/2025

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This petition has been filed for quashing and setting aside the judgment dated 11.07.2019 passed by learned Additional Chief Metropolitan Magistrate No.22, Jaipur Metropolitan, H.Q. Chomu (hereinafter referred to as the ‘learned trial Court’) in Criminal Case No.1689/2013 for the offence punishable under Section 138 of the Negotiable Instruments Act (for short the ‘N.I. Act’) titled as Kailash Chand Takhar V/s. Banwari Lal Sharma and against the judgment dated 05.11.2019 passed by learned Additional District & Sessions Judge No.20, Jaipur Metropolitan, H.Q. Chomu (hereinafter referred to as the ‘learned Appellate Court’) in Criminal Appeal Nos.29/2019 & 33/2019, by which learned Appellate Court while dismissing the

[2025:RJ-JP:2571]

[CRLMP-248/2025]

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appeal filed by the petitioner upheld the judgment dated 11.07.2019 passed by learned Trial Court.

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Learned counsel for the petitioner submits that the petitioner was convicted by the trial Court vide impugned judgment dated 11.07.2019 and sentenced to one year simple imprisonment and a fine of Rs.23,00,000/-. Against the said judgment, the petitioner preferred an Appeal No. 29/2019, which was dismissed by learned Appellant Court. Against the dismissal of the appeal, a Criminal Revision Petition No. 2685/2019 was filed by the petitioner before this Court, however, the same was dismissed vide order dated 02.08.2024 and the judgment of the trial Court dated 11.07.2019 and judgment of the Appellate Court dated 05.11.2019 were upheld. 3. This petition has been filed to quash the judgments of the Trial Court and the Appellate Court on the basis of compromise arrived at between the parties. The compromise deed has also been annexed with the petition (Annexure 4). 4. The accused-petitioner Banwari Lal Sharma and the complainant-respondent Kailash Chand Takhar both are personally present before this Court and are duly identified by their respective counsel.

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The Court has interacted with the complainant-respondent no.2 who has admitted the factum of compromise and submitted that he has no objection if the judgment of the learned Trial Court and learned Appellate Court are quashed.

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Learned counsel for the petitioner submits that since the compromise has been arrived at between the parties, therefore, in the light of compromise, conviction of the petitioner for the offence punishable under Section 138 of the N.I. Act be set aside. Learned

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counsel has drawn the attention of this Court towards the judgment passed by the Co-ordinate Bench of this Court in S.B. Criminal Miscellaneous Petition No. 7171/2024 titled as Shyamlal V/s. State of Rajasthan & Anr ., dated 21.10.2024.

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Heard learned counsel for the parties and perused the material available on record.

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The perusal of the material available on record shows that the parties have arrived at compromise and have settled their dispute. In view of the compromise arrived at between the parties and also considering the judgment passed by Co-ordinate Bench of this Court, who has quashed and set aside the order of conviction passed by trial Court and judgment passed by the Appellate Court on the basis of compromise in the matter of Shyamlal (supra), this Court does not want to have any different view as has been taken by the Co-ordinate Bench of this Court.

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Resultantly, this petition is allowed. The order of the conviction of the petitioner for the offence punishable under Section 138 of the N.I. Act passed by learned Additional Chief Metropolitan Magistrate No.22, Jaipur Metropolitan, H.Q. Chomu dated 11.07.2019 and judgment passed by learned Additional District & Sessions Judge No.20, Jaipur Metropolitan, H.Q. Chomu dated 05.11.2019 are hereby quashed and set aside. Consequence to follow.

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Pending application(s) also stands disposed of.

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(ASHUTOSH KUMAR),J

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Mohita /579

Banwari Lal Sharma Son of Late Shri Mohan Lal Sharma, v. State of Rajasthan

Case brief

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Banwari Lal Sharma Son of Late Shri Mohan Lal Sharma, v. State of Rajasthan

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