Allowed

Shri Balaji Cement Agency v. M/S Suraj Sales

Rajasthan HC2 Dec 2025CRLR/2177/2025

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the criminal revision petition and quashed the judgment of conviction and sentence under Section 138 of the Negotiable Instruments Act. The offence was compounded based on an amicable settlement between the parties, complying with Supreme Court guidelines. The petitioner was acquitted and ordered released.

What did the court decide?

The original compromise taken on record; revision petition allowed; judgments below quashed and set aside; offence compounded; petitioner acquitted and ordered released forthwith.

Shri Balaji Cement Agency Vs M/S Suraj Sales — Cheque Dishonour | Rajasthan HC (2025)

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[2025:RJ-JP:48982]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 2177/2025

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Shri Balaji Cement Agency, Mangli Through Proprietor Mahaveer, S/o Ramlal, Aged 48 Years, Resident Of Village Kotkhera Presently Residing At Village Barkhera, Tehsil And District Bundi (Raj.). (Presently Confined At Central Jail Bundi)

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----Petitioner

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Versus

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M/s Suraj Sales, 28-29 Lankagate Bundi Rajasthan Through Proprietor Nidhi Birla W/o Sandeep Birla, Aged 42 Years, R/o Nagdi Baazar Teli Pada, Police Station Kotwali Bundi, Dist Bundi.

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----Respondent

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For Petitioner(s) : Mr. Manvender Singh For Respondent(s) : Mr. Jaiprakash Tiwari, PP

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HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

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Order

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02/12/2025

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The petitioner has challenged the judgment dated 17.11.2025 passed by Sessions Judge, Bundi in Criminal Appeal No.32/2022 maintaining the judgment dated 24.02.2022 passed by Judicial Magistrate No.1, Bundi in Criminal Case No.95/2017 whereby the petitioner was convicted under Section 138 of Negotiable Instruments Act (hereinafter referred to as ‘N.I. Act’) and sentenced with 1 years & 6 months simple imprisonment and fine of Rs.8,32,040/- and in default of payment of fine, the petitioner to undergo 2 months simple imprisonment.

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On 27.11.2025, the counsels for both the parties requested that the parties have entered into compromise, therefore, in the light of guidelines enunciated by Hon’ble Supreme Court in case of Damodar

(2 of 2)

[2025:RJ-JP:48982]

[CRLR-2177/2025]

S.Prabhu Vs. Sayed Babulal H. (2010) 5 SCC 663, this Court directed the petitioner to deposit amount of Rs.10,000/- before Rajasthan State Legal Services Authority Jaipur on 01.12.2025 and after obtaining receipt before Registrar (Judicial), the parties may proceed for attestation of compromise before this Court on 02.12.2025. 3. I have given my thoughtful consideration to the submissions advanced and have gone through the material available on record. 4. As per report of Registrar (Judicial), a sum of Rs. 10,000/- has been deposited with Rajasthan State Legal Services Authority Jaipur vide receipt No. 0062(book No. 01657) dated 28.11.2025. The compromise dated 24.11.2025 has been read over to the complainant and counsels for the parties. They accepted it to be correct as they have arrived at compromise.

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As per Section 147 of the Negotiable Instruments Act, offence under Section 138 of N.I. Act is compoundable, therefore, this Court is of the opinion that it would be just and proper to dispose of the revision petition on the basis of amicable settlement.

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Consequently, the original compromise annexed with the petition is taken on record, the present revision petition is allowed and the judgments dated 17.11.2025 and 24.02.2022 passed by learned both the courts below are hereby quashed and set aside. The offence under Section 138 of the N.I. Act is compounded and accused/ petitioner is acquitted of offence under Section 138 of N.I. Act on the basis of compromise. The petitioner may be released forthwith, if not required in any other case.

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Ordered accordingly.

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(PRAMIL KUMAR MATHUR),J

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Shri Balaji Cement Agency v. M/S Suraj Sales

Case brief

What is this about?

What did the court decide?

Shri Balaji Cement Agency v. M/S Suraj Sales

Case brief

What is this about?

What did the court decide?

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