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MANOJ KUMAR GARG
Ishwarlal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The application under Section 5 of the Limitation Act for condonation of delay in filing the present criminal revision petition is allowed for reasons stated therein. The delay in filing the criminal revision petition is hereby condoned.
2. The matter is being heard and decided today itself.
3. This revision petition has been filed against the judgment dated 01.11.2021 passed by the learned Additional Sessions Judge No. 1, Udaipur in Criminal Appeal No. 49/2018 (CIS No. 49/2018) by which, the appeal filed by the petitioner was dismissed and the judgment dated 18.01.2017 passed by the learned Additional Chief Judicial Magistrate, Vallabhnagar, Dist. Udaipur in Crl. Regular Case No. 21/2013 convicting and sentencing the petitioner for offence under Section 138 N.I. Act has been affirmed. The petitioner was sentenced to undergo one year simple imprisonment along with fine in the sum of Rs. 3,60,000/-.
4. Learned counsel for the petitioner submits that the petitioner and complainant-respondent No. 2 have entered into a compromise in the spirit of Lok Adalat and the respondent No. 2 has received all the amount from the petitioner and does not want to proceed with the matter, ther
Compromise in criminal cases under Section 138 NI Act can lead to setting aside of conviction if the complainant is satisfied and has received full payment.
Compromise between parties under Section 147 of the N.I. Act allows for setting aside of conviction, subject to costs as per Supreme Court guidelines.
The court can set aside the sentence of imprisonment based on a compromise between the parties and the relevant provisions of the NI Act and legal precedents.
A compromise between parties in a Section 138 NI Act case can lead to the setting aside of conviction and sentence, provided the complainant is satisfied with the settlement.
A compromise in a Section 138 NI Act case can lead to the setting aside of conviction if it complies with statutory provisions and judicial precedents.
A compromise between parties in a Section 138 N.I. Act case can lead to the setting aside of a conviction and sentence, provided that a cost is imposed, as per Section 147 of the N.I. Act and relevan....
A compromise under Section 147 of the NI Act allows for setting aside a conviction for dishonor of cheque, provided the complainant does not wish to proceed and costs are deposited.
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