[2025:RJ-JP:38382] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1194/2025 Jagdish S/o Bhawaniram, Aged About 48 Years, Resident Of Samrai Tehsil - Jhalrapatan, District - Jhalawar (Raj.) (Accused Presently Confined in District Jail at Jhalawar) ----Petitioner/accused Versus 1. State of Rajasthan, rhrough Public Prosecutor. 2. Govind S/o Mohanlal, Resident Of - Dubliya Tehsil - Pirawa, District - Jhalawar (Raj.) ----Respondents For Petitioner(s) : Mr. Rajveer Singh Jhala, Advocate For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P. Mr. Kapil Nagayach, Advocate & Mr. Avtar Singh Rathore, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 18/09/2025 : Instant revision petition has been filed on behalf of accused/ petitioner under Section 438 r/w Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 being aggrieved by judgment dt.21.11.2024 passed by Court of ld. Additional Sessions Judge, Bhawanimandi District Jhalawar, in Criminal Appeal No.08/2024 whereby the appeal filed by petitioner has been dismissed & the judgment dt.22.03.2024 passed by Court of ld. Judicial Magistrate, Bhawanimandi District Jhalwar, in Criminal Regular Complaint Case No.815/2016 convicting the petitioner for commission of offence punishable under Section 138 of the N.I. Act & sentencing him to undergo one year simple imprisonment with compensation of Rs.6,03,840/- to be paid to the complainant & in default thereof, to further undergo one month additional imprisonment, has been affirmed. [2025:RJ-JP:38382] (2 of 4) [CRLR-1194/2025] Case of the prosecution is that the complainant-respondent has filed a complaint u/s.138 of N.I. Act against the petitioner before ld. trial Court alleging therein that petitioner had issued a cheque amounting to Rs.4,08,000/- to the complainant, which on presentation was returned with the remarks “insufficient funds”. The trial Court has convicted the petitioner for alleged offence & sentenced him to undergo maximum period of one year simple imprisonment alongwith compensation. The appellate Court, while dismissing the appeal, has confirmed the judgment of conviction & the order of sentence awarded by the trial Court. In the present case, the petitioner was on bail during trial & appeal and presently, he is confined in jail. During pendency of revision petition, both the parties have entered into a compromise & the dispute between them has been amicably settled and now the complainant does not wish to continue the matter. Therefore, the present petition deserves to be allowed, the impugned orders be quashed & set aside and the petitioner be acquitted from the charges levelled against him in terms of compromise. In this regard, an application bearing Inward No.1/2025 dt.11.09.2025 has also been filed by the petitioner praying therein that while taking on record the compromise dt.04.09.2025 the present petition may be disposed of in terms of compromise. Heard learned counsel appearing for the parties. Perused the impugned orders as well as the material made available on record. The dispute is inter-se in between the parties and does not affect the society at large. The complainant has now entered into a compromise with the present petitioner. In compliance of the order passed by this Court today, both the complainant has appeared before the Registrar (Judicial) of this [2025:RJ-JP:38382] (3 of 4) [CRLR-1194/2025] Court for verification of compromise & he has duly been identified by his respective Counsel. The petitioner is confined in jail and represented through his Counsel. The cost of Rs.10,000/- has also been deposited with the Rajasthan State Legal Services Authority, Jaipur vide receipt No.0099. Registrar (Judicial) has verified & attested the compromise arrived at between the parties and submitted his report, which is taken on record. As per compromise, both the parties had some financial dealings. The amount payable to complainant has been mutually settled between them. The complainant does not wish to continue the matter & has no objection, if the impugned orders are quashed & set aside and the petitioner is acquitted from the charges levelled against him in terms of compromise. The aim & purpose of Section 138 of N.I. Act is not to punish the accused but to ensure that the due amount is duly returned to the complainant. Considering the nature of litigation under Section 138 of N.I. Act in case the amount is paid and is duly accepted by the complainant, the matter should be compounded and the accused should be acquitted. In the present case, the amount of compensation has duly been accepted by the complainant and the compromise is a clear proof thereof. Thus, in view of the compromise arrived at between the parties, this Court deems it just & proper to acquit the petitioner from the charges & allow the revision petition filed by the petitioner. Accordingly, the present revision petition is allowed in terms of compromise. The impugned orders are quashed & set aside and the petitioner is acquitted from the charges levelled against him. [2025:RJ-JP:38382] (4 of 4) [CRLR-1194/2025] The petitioner is said to be in judicial custody. He shall be released from the prison forthwith, if not required in any other case. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J. ASHOK