Rajasthan High Court - Jaipur
Ramesh Cheeta vs State Of Rajasthan And Anr on 29 September, 2016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR.
ORDER
S. B. CRIMINAL REVISION PETITION No.1231/2016.
Ramesh Cheeta S/o Shri Veeru Cheeta, R/o Village Ajaysar Foy Sagar Road,
Ajmer.
Versus
1. State of Rajasthan through P.P.
2. Naveen Kumar Rana S/o Shri Jagdish Kumar, B/c Bairwa, R/o Dr.
Ambedkar Colony, Nera Shiv Mandi Gulab Bari, Ajmer.
Date of Order : : 29.09.2016
HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL
Mr. Neeraj K. Tiwari, for the petitioner.
Ms. Sonia Shandilya, P. P. for the State.
Mr. Vipul Jaiman, for the respondent No.2.
Heard learned counsel for the parties.
The accused-petitioner has filed this criminal revision petition under Section 397 readwith Section 401 Cr.P.C. against the judgment and order dated 26.7.2016 passed by Sessions Judge, Ajmer in Criminal Appeal No.89/2016 whereby the learned Appellate Court while dismissing the appeal filed by the petitioner under Section 374 Cr.P.C. affirmed and upheld the judgment and order dated 19.3.2016 passed by Special Judicial Magistrate (N.I.Act Cases) No.1, Ajmer in Criminal Case No.495/2015 whereby the learned trial Court convicted the petitioner for the offence under Section 138 N. I. Act and sentenced him to undergo simple imprisonment for one year and also imposed penalty of Rs.60,000/- in default thereof to further undergo one month simple imprisonment. -2-
It was jointly submitted by the learned counsel for the parties that after filing of this revision petition the parties have entered into compromise and settled their dispute and the amount in dispute has been paid by the petitioner to the complainant-respondent and no amount remains to be recovered from the petitioner. It was further submitted that in view of the compromise between the parties the revision petition may be allowed and the petitioner may be acquitted for the offence for which he has been convicted. In support of it compromise deed has been filed, which be taken on record.
In view of the prayer made on behalf of the parties and looking to the fact that the parties have entered into compromise and have settled their dispute and no amount remains to be recovered from the petitioner, the prayer made on behalf of the parties is accepted.
As a result thereof, the revision petition is allowed, the judgment and order dated 26.7.2016 passed by Sessions Judge, Ajmer in Criminal Appeal No.89/2016 and the judgment and order dated 19.3.2016 passed by Special Judicial Magistrate (N.I.Act Cases) No.1, Ajmer in Criminal Case No.495/2015 are set aside and as a consequence thereof the petitioner is acquitted from the offence under Section 138 N. I. Act. In view of the order passed above, the suspension of sentence application is disposed of.
In view of the acceptance of the revision petition, it is ordered that the petitioner be released forthwith, if not required in any other case.
(PRASHANT KUMAR AGARWAL),J.
A.Arora/-