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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH, J, SANDEEP SHAH
Mohan Ram, S/o. Shri Biju Ram – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
Order :
SANDEEP SHAH, J.
1. The present revision petition has been filed challenging the judgment dated 24.11.2022, passed by the learned Judicial Magistrate, Sujangarh, District Churu, in Criminal Case No.564/2018 (CIS No.564/2018) (Jagdisdh Legha v. Mohanram Jyani) whereby the appellant was convicted under Section 138 of the Negotiable Instruments Act, 1881 and imposed punishment of simple imprisonment of 1 year and also fine of Rs.5,50,000/-.
2. The appellant has also challenged the order passed by the learned Additional Sessions Judge, Sujangarh, District churu, in Criminal Appeal No.45/2022 (Mohanram v. State & Anr.) dated 22.04.2024, whereby the appeal against the above-mentioned order was dismissed.
3. Learned counsel for petitioner- Mr. Rakesh Matoria and learned counsel for respondent No.2 - Mr. Zafar Khan have submitted that both the parties have settled the matter and therefore, in view of the provisions of Section 147 of the Negotiable Instruments Act, 1881, the present revision petition may be allowed. They submit that a compromise deed was executed on 11.08.2025, duly signed by both the parties in the presence of witnesses, fortifying the fact that the respondent has rece
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.
Negotiable Instruments Act's Section 138 allows for compoundable offences, emphasizing mutual settlement between parties as a basis for appeal success.
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....
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