SHYAM LAL JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present revision petition has been preferred by the petitioner challenging rejection of his appeal No. 73/2004 by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur, vide impugned judgment dt 16.09.2004. Whilst dismissing the appeal, the learned Special Judge upheld the conviction of the petitioner as recorded by the learned Additional Judicial Magistrate No. 1, Udaipur (North), Udaipur in Criminal Case No. 261/2002 by her judgment dt. 07.02.2004 convicting the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act and sentenced him to six months' simple imprisonment and a fine of Rs. 5000/ - along with a direction to pay the compensation of Rs. 1,20,000/ - to the respondent -complainant. The facts, relevant and necessary for the disposal of the present revision petition are that the petitioner, on being convicted and sentenced by the learned Judicial Magistrate, preferred an appeal, which came to be heard by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur and the appeal filed by the petitioner was rejected.

(2.) IT is disclosed from the record that the petitioner did not surrender subsequent to dismissal of his appeal, upon which Warrants of arrest were issued to secure his presence and ultimately the petitioner was arrested and produced before the trial Court on 05.08.2011. In the meantime, it appears that the parties to the litigation compromised the matter between them and based on the compromise deed, another appeal (without disclosing the factum of the dismissal of the earlier appeal) was preferred by the petitioner, which came to be accepted by the learned Appellate Court based on the compromise and the petitioner was acquitted after depositing 10% of the amount of the cheque with the State Legal Service Authority. However, thereafter again the factum of earlier dismissal of the appeal was brought to the notice of the Appellate Court and the order of acquittal was withdrawn. Hence, the present revision petition.

(3.) LEARNED counsel for the parties submit that now the matter having been compromised between the parties, by the effect of Section 147 of the Negotiable Instruments Act, the sentence awarded to the petitioner be set aside and he be acquitted of the charge.