LALITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The application under Sec. 5 of the Limitation Act for condonation of delay in filing the present criminal revision petition is allowed for reasons stated therein. The delay in filing the criminal revision petition is hereby condoned. The matter is being heard and decided today itself.

(2.) This revision petition has been filed against the judgment dtd. 6/1/2024 passed by the learned Additional Session Judge No.5, Jodhpur Metropolitan, in Criminal Appeal No.83/2022(NCV No. 83/2022), by which, the appeal filed by the petitioner was dismissed and the judgment dtd. 23/3/2022 passed by the learned Special Judge Metropolitan Magistrate (N.I. Act Cases) No.4, Jodhpur Metropolitan, in Criminal Regular Case No.517/2017 (NCV No. 17737/2017) convicting and sentencing the petitioner for offence under Sec. 138 N.I. Act has been affirmed. The petitioner was sentenced to undergo one year simple imprisonment along with fine in the sum of Rs.2,00,000.00. In default of payment of fine, the petitioner was sentenced to undergo one month's simple imprisonment. Learned counsel for the petitioner submits that the petitioner and complainant-respondent No.2 have entered into a compromise in the spirit of Lok Adalat and the respondent No.2 has received all the amount from the petitioner and does not want to proceed with the matter, therefore the sentence of imprisonment awarded to the petitioner may be set aside. The copy of the compromise is already placed on record.

(3.) Learned counsel for respondent No.2 concurs with the facts stated by the counsel for the petitioner. I have considered the arguments advanced by counsel for the parties and perused the compromise deed.