KHYALILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner challenging the judgment 30/9/2019 of the learned Additional Chief Judicial Magistrate, Rajsamand, in Criminal Case No. 447/2012 whereby the learned trial Court has convicted the petitioner under Sec. 138 of the Negotiable Instruments Act and sentenced to one year's simple imprisonment and a fine of Rs.6,00,000.00, and in default of payment of the fine, to further simple imprisonment of one month.

(2.) The petitioner has also challenged the judgment dtd. 27/2/2023, passed by the learned Additional Sessions Judge, Rajsamand, in Criminal Appeal No. 59/2019, whereby, the appeal assailing the above-mentioned order was dismissed.

(3.) Learned counsel for petitioner submits that both the parties have settled the matter and therefore, in view of the provision of Sec. 147 of the Negotiable Instruments Act, 1881, the present revision petition may be allowed. He submits that a settlement deed was executed on 30/9/2025 by both the parties in the presence of witnesses, fortifying the fact that the respondent has received the entire outstanding amount due and has no objection if the revision petition is allowed on the basis of the said compromise.