Smt Kamlesh Sharma vs State Of Rajasthan And Ors

Petitioner has preferred this writ petition with a prayer of quashing and setting aside the conviction and sentence of petitioner imposed vide judgment and order dated 11.11.2009, 22.02.2011 & 10.11.2017, in view of the compromise arrived at between the parties.

It is contended by counsel for the petitioner that petitioner was convicted for the offence under Section 138 of Negotiable Instrument Act vide judgment and order dated 11.11.2009 passed by Additional Chief Judicial Magistrate, Jaipur City. Appeal preferred by the petitioner was rejected by the Additional Sessions Judge Fast Track No.2, Jaipur City vide judgment and order dated 22.02.2011 and revision preferred by the petitioner was partly allowed by the High Court. Conviction of petitioner under Section 138 of N.I. Act was maintained, however, sentence was reduced from two years to six months. Sentence qua fine was also maintained.

It is contended that petitioner has entered into a compromise with the complainant. Affidavit of the complainant is annexed with the petition as Annexure-4. It is also contended that complainant has no objection on the offence being compounded.

Learned counsel for the petitioner has placed reliance on "K Subramanian vs. R. Rajathi" 2010 (1) RCR (Criminal) 184, wherein the Apex Court, even after dismissal of SLP having regard to the salutary provision of Section 147 of N.I. Act read with Section 320 of Cr.P.C., permitted compounding of the offence. Reliance has also been placed on "Keshavdev Yadav vs State of Rajasthan & Anr." S.B. Criminal Writ No.1156/2018 decided by this Court on 17.12.2018.

It is also contended by counsel for the petitioner that petitioner is a female who is in custody since 22.11.2018.

Counsel for the complainant has not disputed the fact that parties have entered into a compromise and complainant has received his due amount. He has not objection of offence being compounded.

I have considered the contentions.

Taking note of the fact that parties have amicably settled the dispute. Petitioner has remained in custody for a period of about one and half months and also taking note of the judgment of the Apex Court in case "K Subramanian vs. R. Rajathi" (supra) and the judgment of this Court of "Keshavdev Yadav vs State of Rajasthan & Anr." (supra), I deem it proper to compound the offence.

In view of the same, defect pointed out by the Registry is also waived.

The writ petition is allowed offence is compounded. Petitioner be set at liberty forthwith, if not wanted in any other case. Stay application also stands disposed of.