[2026:RJ-JP:5713]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1755/2025 Madan Lal Son Of Shri Bhagwana Ram, Resident Of Village Shishu, Via Ranoli, Tehsil Danta Ramgarh, District Sikar. (At Present In District Jail,sikar)

----Accused-Petitioner Versus

1. State of Rajasthan, through Public Prosecutor

2. Jagdish Prasad Son Of Shri Manoharlal, Proprietor J.p. And Sons Jwellers, Near Ghantaghar, Naya Sahar, Sikar, Tehsil And District Sikar Through Authorized Pramod Kumar Son Of Shri Jagdish Prasad.

----Respondents For Petitioner(s) : Mr. Ripu Daman Singh Naruka, Advocate For Respondent(s) : Mr. Jaiprakash Tiwari, Public Prosecutor Mr. Rakshit Jaimini, Advocate for Mr. Kartik Agarwal, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

06/02/2026 :

By way of filing the present revision petition under Section

438 r/w Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner has challenged the judgment dt.17.08.2024 passed by Court of ld. Special Judicial Magistrate (N.I. Act Cases), Sikar, in Criminal Regular Case No.3152/2017, whereby ld. Magistrate has convicted the petitioner for commission of offence punishable under Section 138 of the N.I. Act & sentenced him to undergo one year simple imprisonment and ordered to pay a sum of Rs.7,25,000/- to the complainant-respondent, as compensation, and in default thereof, to further undergo two-months additional simple imprisonment. The petitioner has also challenged the judgment dt.12.09.2025 passed by Court of ld. Sessions Judge, Sikar, in Criminal Appeal No.111/2024, whereby ld. Judge, while dismissing the aforesaid appeal, has confirmed the judgment of conviction & the order of sentence passed by the ld. Magistrate.

Facts of the present case, in brief, are that the complainant-

respondent filed a complaint u/s.138 of N.I. Act against the petitioner before ld. trial Court alleging therein that the petitioner purchased the golden ornaments worth Rs.4,37,328/- from the complainant. Towards repayment, he paid amount of Rs.1,00,000/- in cash to the complainant, and for remaining amount, the petitioner issued two cheques to the complainant, which upon presentation were dishonoured & returned with the remarks "insufficient funds". The trial Court convicted the petitioner for alleged offence & sentenced him to undergo maximum period of one year simple imprisonment alongwith a fine. Aggrieved by the aforesaid order, petitioner preferred an appeal before ld. appellate Court, which was also dismissed, while confirming the conviction & sentence awarded by ld. the Magistrate. Hence, this revision.

Submissions of learned counsel appearing for the accused-

petitioner are that the sentence, so awarded to the petitioner was suspended by the Co-ordinate Bench of this Court vide its order dt.05.12.2025 with the condition that the petitioner shall deposit an amount of Rs.1,50,000/- by way of demand draft in the name of the complainant before the ld. trial Court. The petitioner is a poor person & there is no other earning member in his family; therefore, he is not in a financial position to fully comply with the Condition mentioned in the aforesaid order. Consequently, the petitioner could not be released from the jail. He has been continuing in jail for a long time.

Learned counsel appearing for the accused-petitioner, contends that during pendency of the present revision petition, complainant- Jagdish Prasad has died and his legal heir i.e. son Pramod Kumar Soni has entered into a compromise dt.17.01.2026 with the petitioner and the dispute between them has been amicably settled. No dispute now remains pending. Therefore, the present petition may be allowed, the impugned orders be quashed & set aside and the petitioner may be acquitted from the charges levelled against him.

In this regard, an application bearing Inward No.1/2026 dt.22.01.2026 has also been filed by the petitioner praying therein that while taking on record the compromise dt.17.01.2