Rajasthan High Court - Jaipur
Mahendra Kumar Agarwal vs Shri Narayan Lal Agarwal And Anr on 27 November, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision No. 126/2017
Mahendra Kumar Agarwal S/o Shri Chaturbhuj Agarwal B/c
Mahajan, R/o C-20, Sawai Jaisingh Highway Banipark, Jaipur Raj
----Petitioner
Versus
1. Shri Narayan Lal Agarwal S/o Shri Pannalal Agarwal, R/o
1012, Misraji Ka Rasta, Chandpole Bazar, Jaipur Propritor
Naresh And Company
2. State Of Rajasthan Through Pp
----Respondents
For Petitioner(s) : Mr. Anoop Pareek
For Respondent(s) : Mr. R.R. Singh Rathore, PP
Mr. Ummed Khicher
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
27/11/2018
1. Petitioner has preferred this revision petition aggrieved by
judgment and order dated 22.04.2009, passed by Additional Chief
Judicial Magistrate No.12, Jaipur and against judgment and order
dated 09.01.2017, passed by Additional District and Sessions
Judge No.7, Jaipur Metropolitan, Jaipur, whereby, petitioner has
been convicted for offence under Section 138 of Negotiable
Instruments Act.
2. It is contended by counsel for the petitioner that parties have
amicably settled the dispute and have arrived at a compromise.
3. Complainant is present in person in Court who has no
objection to compounding of the offence.
(2 of 2) [CRLR-126/2017]
4. It is contended by counsel for the petitioner that petitioner is
on dialyses and is on death bed. The fine imposed in pursuance of
the direction of the Court below be waived.
5. I have considered the contentions.
6. Considering the contentions of counsel for the petitioner
offence is compounded and revision petition deserves to be and is accordingly, allowed. Petitioner is acquitted from the charges levelled against him and Judgment and order passed by the Court below are quashed and set aside.
7. Application for suspension of sentence and application for filing of compromise deal also stands disposed of.
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