Mukesh Joshi Son Of B.l. Joshi v. State Of Rajasthan, Through P.p

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1739/2023 Mukesh Joshi Son Of B.l. Joshi, Aged About 45 Years, R/o PlotNo. 12, Income Tax Colony-1, Near Ashish Guest House,Jagatpura Road, Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through P.p 2. Harjeet Singh S/o Kartar Singh, R/o Plot No. 119Gurunanakpura, Adarsh Nagar, Jaipur ----Respondents For Petitioner(s) : Mr. D.S. BagadiaFor Respondent(s): Mr. Mahendra Meena - PPMr. Sunil Kumar Jain for respondent No.2 HON'BLE MR. JUSTICE PRAVEER BHATNAGAROrder 05/01/2024 1.This criminal revision petition under Section 397 read withSection 401 Cr.P.C. has been preferred against the judgmentdated 05.10.2023 passed by learned Additional District & SessionsJudge No.6, Jaipur Metropolitan-II in Criminal Appeal No.09/2023(CIS No.107/2023), whereby, the judgment of conviction andorder of sentence dated 19.01.2023 passed by the learned SpecialMetropolitan Magistrate (N.I. Act Cases) No.9, Jaipur Metropolitan-II in Criminal Case No.571/2014 was upheld. The petitioner wasconvicted and sentenced as under:- Section 138 of N.I. Act: One year's simple imprisonment alongwith a fine ofRs.7,50,000/- and in default of payment of which, he wasfurther ordered to further undergo one month's simpleimprisonment. 2.Brief facts of the case are that the petitioner was prosecutedfor committing an offence under Section 138 of the NegotiableInstruments Act. After completion of trial, he was found guiltyand thus, was convicted and sentenced by the learned trial court.The judgment of conviction was assailed by the petitioner by wayof filing a criminal appeal but the same has been dismissed videjudgment dated 05.10.2023, hence, the petitioner preferred thepresent revision petition. 3.The parties have entered into a compromise and have settledthe dispute amicably. Copy of compromise dated 27.10.2023(Annexure-3) has been placed on record. Parties have resolvedthe dispute since the petitioner has paid the due amount satisfyingthe respondent-claimant. As per Section 147 of the N.I. Act, anoffence under Section 138 of the N.I. Act is compoundable withouttaking permission of the Court. Thus, it is jointly prayed that boththe judgments be quashed and set aside. 4.Heard learned counsel for the parties. Perused the materialavailable on record and gone through both the judgments as wellas the compromise, wherein, it is recited that the parties haveresolved their dispute amicably and the complainant does not wishto continue the proceedings. 5.In view of the compromise arrived at between the partiesand the statutory provision in this regard, the revision petition isallowed. The the judgment dated 05.10.2023 passed by learnedAdditional District & Sessions Judge No.6, Jaipur Metropolitan-II inCriminal Appeal No.09/2023 (CIS No.107/2023) and the judgmentof conviction and order of sentence dated 19.01.2023 passed bythe learned Special Metropolitan Magistrate (N.I. Act Cases) No.9, Jaipur Metropolitan-II in Criminal Case No.571/2014 are quashed and set aside. The accused is acquitted from the charges. 6.All pending applications stand disposed of. (PRAVEER BHATNAGAR),J ASHWINI KUMAR CHOUHAN /680