Rajasthan High Court - Jaipur
Naresh Kumar Sharma vs State Of Rajasthan And Anr on 10 November, 2016
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR.
ORDER
S. B. CRIMINAL MISC. APPLICATION No.371/2016.
IN
S.B. CRIMINAL REVISION PETITION No.1267/2016.
Naresh Kumar Sharma S/o Shri Birbal Sharma, B/c Brahman, R/o Village &
Post Bamanwas Via Khandela, Teshil Shri Madhopur, District Sikar
(Rajasthan)-Another Address B-95, Mehrishi Plywood Industrial Area, Sikar
Tehsil & District Sikar (Raj.).
Versus
1. State of Rajasthan through P.P.
2. Shri Krishan Gopal Atrey S/o Shri Shankarlal, B/c Atrey Brahmin, R/o
Saurabh Kunj, Devipura Kothi, Near Jain Mandir, Sikar, Tehsil & District
Sikar.
Date of Order : : 10.11.2016
HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL
Mr. Pankaj Gupta, for the petitioner.
Mr. Alladin Khan, P. P. for the State.
Mr. Lokendra Singh Shekhawat, for the complainant.
BY THE COURT
Heard learned counsel for the parties.
The accused-petitioner has filed this criminal misc. application under Section 482 Cr.P.C. readwith Section 147 of Negotiable Instruments Act (for short the 'Act') with a prayer to review/recall the order dated 6.10.2016 passed by this Court in SB Criminal Revision Petition No.1267/2016 in the light of compromise dated 4.11.2016 subsequently entered between the parties and as a consequence thereof to acquit the accused-petitioner for the offence under Section 138 of N.I. Act.
Vide order dated 6.10.2016, the aforesaid revision petition filed by the petitioner was dismissed by this Court while upholding and affirming 2 the judgment and order of conviction and sentence passed by the trial Court as well as by the Appellate Court.
It was jointly submitted by the learned counsel for the parties that after the order dated 6.10.2016 the parties have amicably settled their dispute and entered into compromise and the amount in the dispute has been paid by the petitioner to the respondent-complainant. It was further submitted that although the revision petition has been dismissed by this Court on merit vide order dated 6.10.2016, but even then that order can be recalled in the light of provisions of Section 147 of N.I. Act which permits compound of the offence under Section 138 of the Act at any stage and the accused can be acquitted.
In support of their submissions, they relied upon the case of K. Subramanian Vs. R. Rajathi reported in (2010) 15 SCC 352 and order dated 7.7.2015 passed by a Single Bench of Hon'ble Gujarat High Court in S.B.Criminal Misc. Application (Recall) No.10232/2015 filed in Special Criminal Application No.3026/2014.
On consideration of submissions jointly made on behalf of the respective parties and the material including the compromise entered into between the parties and the fact that the amount in dispute has been paid by the accused-petitioner to the respondent-complainant and the principles of law laid down in the aforesaid decisions, I find it a fit case in the criminal misc. application is to be allowed and the order dated 6.10.2016 is to be recalled.
Consequently, the criminal misc. application is allowed and the order dated 6.10.2016 is recalled and all the orders whereby the accused- petitioner was convicted and sentenced for the offence under Section 138 3 of N.I. Act are set aside and as a consequence thereof he is acquitted therefrom.
In view of the acceptance of this misc. application, it is ordered that the petitioner be released forthwith, if not required in any other case.
(PRASHANT KUMAR AGARWAL),J.
A.Arora/-