[2025:RJ-JP:23465] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1019/2025 Ram Kishor S/o Mangal Chand, Aged About 34 Years, Resident Of Behind The Railway Hospital Hanuman Nagar Phulera Tehsil Phulera District Jaipur ----Petitioner Versus 1. Shankar Lal S/o Late Laduram, Aged About 66 Years, Resident Of Doctor Ambedkar Colony Ward No 5 Shreeram Nagar Phulera Tehsil Phulera District Jaipur 2. State Of Rajasthan, Through Public Prosecutor ----Respondents For Petitioner(s) : Mr. Dinesh Pareek For Respondent(s) : Ms. Manju Dave, PP Mr. Jai Singh Rathore for complainant HON'BLE MR. JUSTICE SUDESH BANSAL (V.J.) Order 24/06/2025 1. Instant revision petition has been filed against the judgment dated 16.04.2025 passed by the Additional District and Sessions Judge No.2, Sambhar Lake, District Jaipur in Criminal Appeal No. 35/2023 (8/2024), dismissing the appeal and affirming the judgment dated 26.06.2023 passed by the Civil Judge and Judicial Magistrate, Sambhar Lake, District Jaipur whereby petitioner has been convicted and sentenced under Section 138 of the NI Act for three months simple imprisonment and directed to deposit compensation of Rs.2,06,000/-, which shall be payable to the victim, in default to further undergo fifteen days simple imprisonment. [2025:RJ-JP:23465] (2 of 3) [CRLR-1019/2025] 2. It is stated by counsel for both parties at Bar that compromise has been arrived at between the parties after the judgment dated 16.04.2025 passed by the learned Additional District and Sessions Judge No.2, Sambhar lake, District Jaipur whereby the judgment dated 26.06.2023 passed by the Civil Judge and Judicial Magistrate, Sambhar Lake, District Jaipur was affirmed. 3. As per Section 147 of the NI Act, the offence under Section 138 of the Act of 1881 is compoundable. It has jointly been prayed that the judgment of conviction and sentence as well as the order passed in the appeal be quashed and set aside. 4. Learned counsel for the parties have placed reliance on a judgment passed by the Hon’ble Supreme Court in case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in [2010(5) SCC 66]. 5. Having considered the facts and circumstances of the case, since the parties have settled the dispute amicably, to the satisfaction of the complainant and in the light of provisions of Section 147 of NI Act and in view of law laid down by the Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. (supra), the conviction and sentence awarded to the petitioner for offence under Section 138 of NI Act is liable to be set aside. 6. The conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 of Negotiable Instruments Act, vide the judgment dated 26.06.2023 passed by the Civil Judge and Judicial Magistrate, Sambhar Lake, District Jaipur as affirmed by the judgment dated 16.04.2025 passed by the learned [2025:RJ-JP:23465] (3 of 3) [CRLR-1019/2025] Additional District and Sessions Judge, No.2, Sambhar Lake, District Jaipur in criminal appeal No.35/2023 is hereby set aside on the basis of the aforesaid compromise. 7. This revision petition is disposed of accordingly. 8. The petitioner is in judicial custody, he be released from the jail forthwith, if not warranted in any other criminal case. 9. Any other pending application(s), if any, also stand disposed of. (SUDESH BANSAL (V.J.)), J Aayush Sharma /214