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[2025:RJ-JP:48982] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 2177/2025 Shri Balaji Cement Agency, Mangli Through Proprietor Mahaveer, S/o Ramlal, Aged 48 Years, Resident Of Village Kotkhera Presently Residing At Village Barkhera, Tehsil And District Bundi (Raj.). (Presently Confined At Central Jail Bundi) ----Petitioner Versus M/s Suraj Sales, 28-29 Lankagate Bundi Rajasthan Through Proprietor Nidhi Birla W/o Sandeep Birla, Aged 42 Years, R/o Nagdi Baazar Teli Pada, Police Station Kotwali Bundi, Dist Bundi. ----Respondent For Petitioner(s) : Mr. Manvender Singh For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 02/12/2025
1. The petitioner has challenged the judgment dated 17.11.2025 passed by Sessions Judge, Bundi in Criminal Appeal No.32/2022 maintaining the judgment dated 24.02.2022 passed by Judicial Magistrate No.1, Bundi in Criminal Case No.95/2017 whereby the petitioner was convicted under Section 138 of Negotiable Instruments Act (hereinafter referred to as ‘N.I. Act’) and sentenced with 1 years & 6 months simple imprisonment and fine of Rs.8,32,040/- and in default of payment of fine, the petitioner to undergo 2 months simple imprisonment.
2. On 27.11.2025, the counsels for both the parties requested that the parties have entered into compromise, therefore, in the light of guidelines enunciated by Hon’ble Supreme Court in case of Damodar
[2025:RJ-JP:48982] (2 of 2) [CRLR-2177/2025] S.Prabhu Vs. Sayed Babulal H. (2010) 5 SCC 663, this Court
directed the petitioner to deposit amount of Rs.10,000/- before Rajasthan State Legal Services Authority Jaipur on 01.12.2025 and after obtaining receipt before Registrar (Judicial), the parties may proceed for attestation of compromise before this Court on 02.12.2025.
3. I have given my thoughtful consideration to the submissions advanced and have gone through the material available on record.
4. As per report of Registrar (Judicial), a sum of Rs. 10,000/- has been deposited with Rajasthan State Legal Services Authority Jaipur vide receipt No. 0062(book No. 01657) dated 28.11.2025. The compromise dated 24.11.2025 has been read over to the complainant and counsels for the parties. They accepted it to be correct as they have arrived at compromise.
5. As per Section 147 of the Negotiable Instruments Act, offence under Section 138 of N.I. Act is compoundable, therefore, this Court is of the opinion that it would be just and proper to dispose of the revision petition on the basis of amicable settlement.
6. Consequently, the original compromise annexed with the petition is taken on record, the present revision petition is allowed and the judgments dated 17.11.2025 and 24.02.2022 passed by learned both the courts below are hereby quashed and set aside. The offence under Section 138 of the N.I. Act is compounded and accused/ petitioner is acquitted of offence under Section 138 of N.I. Act on the basis of compromise. The petitioner may be released forthwith, if not required in any other case.
7. Ordered accordingly.
(PRAMIL KUMAR MATHUR),J bmg/47