Lehara Ram vs Himata Ram - 2023 Supreme(Raj) 2116

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2116

FARJAND ALI
Lehara Ram – Appellant
Versus
Himata Ram – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shambhoo Singh.
For the Respondent: Mr. Abhishek Purohit, AGA, Mr. Dinesh Bishnoi.

Table of Content
1. challenge to conviction under n.i. act (Para 1 , 2)
2. compromise and payment resolves dispute (Para 3)
3. court's observations on compromised resolution (Para 4 , 5)
4. judgment quashed with costs ordered (Para 6)
5. petitioner to be released if not wanted (Para 7 , 8)

ORDER :

Farjand Ali, J.

The petitioner has approached this Court for challenging the judgment dated 29.04.2023 passed by the learned Sessions Judge, Jalore in Cr. Appeal No.84/2021 affirming the judgment dated 16.06.2015 passed by the learned Additional Chief Judicial Magistrate No.2, Jalore in Regular Criminal Case No.2137/2013 whereby, the petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and a fine of Rs.2,70,000/- was imposed upon him and it was ordered that in default of payment of fine, the petitioner would undergo simple imprisonment of two months.

2. Briefly stated, that facts of the case are that the petitioner was prosecuted for committing an offence under section 138 of the Negotiable Instruments Act. After completion of trial, he was found guilty and thus, was convicted and sentenced by the learned trial Court. The judgment of conviction was assailed

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