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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Firm Kanak Export, Through Proprietor Dheeraj Daga, R/o Parshavnath City – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
FARJAND ALI, J.
1. The petitioner was tried for committing an offence under Section 138 of the NI Act Act and vide judgment dated 16.06.2023 passed by the learned Special Magistrate (NI Act Cases) No.9, Jodhpur Metropolitan in Criminal Regular Case No.43/2019. He was sentenced to suffer six months simple imprisonment along with a fine of Rs.8,93,848/-. The appeal preferred by him bearing Appeal No.37/2023 has also been dismissed by the learned Additional Sessions Judge No.1, Jodhpur Metropolitan vide judgment dated 26.11.2024.
2. The legal and factual aspects of the matter have thoroughly been considered. Now, the instant Misc. Petition has been preferred seeking setting aside of the judgment of conviction and order of sentence passed by the trial Court affirmed by the Court of appeal on the ground of compromise. A copy of compromise and the affidavit of complainant Daulat Jain S/o Champa Lal Jain duly notorised is filed and annexed with the petition.
3. Since the matter relates to an offence under Section 138 of NI Act and it’s a dispute inter-se between the parties which does not effect the societal interest, maintaining peace and tranquility and the offence is compoundable o
The High Court can quash criminal proceedings post-conviction for compoundable offenses if there is a compromise between the parties, serving the ends of justice.
The court's decision was influenced by the provisions of Section 147 of the Negotiable Instruments Act, Section 320 Cr.P.C., and Article 142 of the Constitution, allowing the compounding of the offen....
8. While exercising inherent power under Section 482 Cr.PC Court must have due regard to nature and gravity of crime and its social impact and it cautioned Courts not to exercise power for quashing p....
The power under Section 482 of the Code of Criminal Procedure can be exercised to secure the ends of justice, allowing for the compounding of the offence and quashing of judgments and orders.
The judgment established the principle that the inherent jurisdiction of the High Court under Section 482 of the CrPC supported by Section 147 of the NIA can be invoked to quash proceedings based on ....
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