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2025 DAILYLAW 16267 (RAJ)

OM PRAKASH SON OF DEV LAL KHATIK v. MANGI LAL MEENA SON OF SHRI OGADI LAL MEENA

CRLMP/4127/2022 · 2025-09-25

Sudesh Bansal

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:39573] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4127/2022 Om Prakash Son Of Dev Lal Khatik, Aged About 64 Years, Resident Of Shiv Colony, Chittor Road, Bundi, Police Station Sadar, Tehsil And District Bundi (Rajasthan). ----Petitioner Versus Mangi Lal Meena Son Of Shri Ogadi Lal Meena, Resident Of Meeno Ka Mandir, Bypass Road, Bundi, Police Station City Kotwali, Bundi, District Bundi. ----Respondent For Petitioner(s) : Mr. Ashwani Kumar Chobisa For Respondent(s) : Ms. Rekha Arora HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/09/2025 1. Heard counsel for both the parties. 2. From perusal of the instant criminal misc. petition, it appears that petitioner was convicted for offence under Section 138 of NI Act and sentenced for a period of one year as also imposed fine of Rs. 6,00,000/- (Rs. Six Lacs), vide order dated 24.02.2022, passed by Additional Civil Judge and Judicial Magistrate No.2, Bundi, whereagainst petitioner preferred a criminal appeal. In the criminal appeal, sentence awarded against petitioner was suspended vide order dated 22.03.2022, subject to condition of depositing Rs.1,20,000/- (Rs. One lac twenty thousand) by petitioner and such amount was allowed to be disbursed to the respondent-complainant on furnishing an undertaking. This order has been impugned by the petitioner in the instant petition. 3. The Coordinate Bench of this High Court vide interim order dated 18.05.2022, stayed the operation of impugned order dated [2025:RJ-JP:39573] (2 of 2) [CRLMP-4127/2022] 22.03.2022 to the extent of disbursement of amount of Rs.1,20,000/- to respondent-complainant, hence, in compliance thereof, the petitioner has deposited such amount i.e. Rs.1,20,000/- before the trial Court viz. Additional Civil Judge and Judicial Magistrate No.2, Bundi. 4. It has been submitted by counsel for both the parties that during pendency of this petition, both the parties have mutually settled the dispute in respect of dishonour of cheque in question and the order of conviction and sentence dated 24.02.2022 has been set aside. Hence, in that view, the amount of Rs.1,20,000/- so deposited by petitioner before the trial Court may be refunded to the accused petitioner. 5. Counsel appearing on behalf of the respondent-complainant has no objection to refund the amount of Rs.1,20,000/- to the accused petitioner. 6. In view of above, the instant petition in respect of challenge to the impugned order dated 22.03.2022 has rendered infructuous. The amount of Rs.1,20,000/-, allegedly deposited by petitioner in compliance of this order dated 22.03.2022, before the Court of Additional Civil Judge and Judicial Magistrate No.2, Bundi, be refunded to the accused petitioner forthwith. 7. Accordingly, the instant petition stands disposed of. 8. Stay application and pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J pcg/188