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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
Rafiq Khan S/o Sh Lal Khan – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. challenge to conviction under section 138 (Para 1) |
| 2. settlement reached between parties (Para 3 , 4) |
| 3. guidelines for compounding offences (Para 5 , 6 , 7 , 8) |
| 4. court upholds mutual settlement and quashes prior convictions (Para 9 , 10) |
| 5. final disposal of the petition (Para 11) |
Order :
SANDEEP SHAH, J.
1. The present revision petition has been filed challenging the judgment/order dated 22.01.2025, passed by the learned Additional Chief Judicial Magistrate, Osian, District Jodhpur, IN Criminal Case No.430/2011 (Girdhari Singh v. Rafiq Khan) whereby the appellant was convicted under Section 138 of the Negotiable Instruments Act, 1881 and imposed punishment of simple imprisonment of six months and also fine of Rs.1,25,000/-.
2. The appellant has also challenged the order passed by the learned Appellate Court that is the learned Sessions Judge, Jodhpur, District Jodhpur in Criminal Appeal No.07/2025 (Rafiq Khan v. Girdhari Singh & Ors.) dated 29.07.2025, whereby the appeal against the above-mentioned order was dismissed.
3. Learned counsel for petitioner- Mr. Bhawani Singh along with Mr. Abdul Kalam and learned counsel for respondent No.2 -Mr. Hitendra Singh have submit
Negotiable Instruments Act's Section 138 allows for compoundable offences, emphasizing mutual settlement between parties as a basis for appeal success.
Court allows compromise in cheque dishonor cases, emphasizing compensatory nature of proceedings, enabling discharge of accused on satisfactory compensation, and imposing costs where applicable.
The court recognizes the ability to compound offences under the Negotiable Instruments Act upon settlement between parties, emphasizing the need for timely resolution.
The main legal point established is that the compounding of the offence under Section 138 of the Negotiable Instruments Act can be allowed based on a mutual compromise between the parties, leading to....
An offence under Section 138 of the Negotiable Instruments Act can be compounded even post-conviction if both parties consent, affirming the need for reformative justice.
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