[2025:RJ-JP:845] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 2/2024 Ashfaq Son Of Kallu Khan, Resident Of Sarovar, Nagar, Itawa Ward No. 26, Tehsil Pipalda, Dsitrict Kota (Rajasthan) ----Petitioner Versus Shrimati Prembai Wife Of Jamnashankar, Resident Of Neemsara Haal Mukaam Itawa Kota ----Respondent For Petitioner(s) : Mr. Syed Saadat Ali with Ms. Aafreen Rizvi Mr. Nadeem Qadeer Ms. Uzma Ilyas For Respondent(s) : Mr. Bhim Singh Meena HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/01/2025 1. After order dated 06.01.2025 in S.B. Criminal Misc. Application No. 469/2024 instant S.B. Criminal Revision petition has been restored to its original number. 2. Learned counsel for the parties are present before the Court. 3. Aggrieved from dismissal of criminal appeal no. 227/2016 on 05.12.2023 affirming the conviction dated 18.05.2016 in criminal case no. 162/2013 under Section 138 of NI Act instant revision petition is preferred by petitioner accused Ashfaq. 4. After conviction and sentence by learned trial court, the appellate court has maintained the order of conviction but set aside the order of sentence and released present petitioner on execution of probation bail and bond under Section 4 of Probation of Offenders Act. 5. Since, the parties have entered into compromise and same is attested by Registrar (Judicial), in a compoundable case under [2025:RJ-JP:845] (2 of 2) [CRLR-2/2024] Section 138 of NI Act, therefore, the revision petition is liable to be allowed by way of compromise. 6. In view of aforesaid, the instant revision petition is hereby allowed and the judgment and conviction dated 18.05.2016 in criminal case no.162/2013 under Section 138 of NI Act and judgment of conviction and sentence dated 05.12.2023 in criminal appeal no. 227/2016 are set aside and petitioner accused Ashfaq S/o Kallu Khan is acquitted from charge under Section 138 of NI Act by way of compromise between the parties. 7. Learned counsel for respondent complainant has submitted petitioner accused has deposited a demand draft of ₹1,80,000/- in the name of respondent Prem Bai who was present before the Registrar (Judicial) through V.C. but her husband is present before this Court, therefore, the demand draft be released in favour of respondent complainant either through her husband or through counsel. The demand draft shall be re-validated within two weeks from now and thereafter be handed over and paid to respondent complainant through her husband. 8. A copy of receipt of demand draft be placed on record before releasing to respondent complainant, through her husband. 9. Instant revision petition is disposed of with all pending applications. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /C-1