HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 362/2021 Ratan Lal S/o Hari Kishan, B/c Lohar, Aged about 50 years, R/o Maal Ki Chogawadi, PS Chanderia, District Chittorgarh, Rajasthan (Presently Lodged In Distt. Jail, Chittorgarh)
----Petitioner Versus
1. State of Rajasthan.
2. Kalu Ram S/o Mewa Lal B/c Khateek, R/o Narela, District Chittorgarh.
----Respondents For Petitioner(s) : Mr. BS Charan, Adv. For Respondent(s) : Mr. SS Rajpurohit, PP Mr. Abhishek Charan, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 08/04/2021 This revision petition has been filed against the judgment dated 23.12.2019 passed by the learned Sessions Judge, Chittorgarh whereby the appeal of the petitioner has been dismissed and the judgment dated 11.03.2019 passed by the learned Special Judicial Magistrate (NI Act Cases), Chittorgarh for offence under Section 138 N.I. Act has been affirmed and the petitioner was sentenced to undergo two years' simple imprisonment along with fine in the sum of Rs.6,25,000/-.
Counsel for the petitioner submits that the petitioner is inside the jail and during the pendency of the revision petition, 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 (Downloaded on 08/04/2021 at 09:03:48 PM) (2 of 2) [CRLR-362/2021] to proceed in the matter. It is stated that since the parties have entered into compromise and amicably settled their dispute, therefore, the sentence of imprisonment awarded to the petitioner may be set aside. A copy of the compromise dated 02.04.2021 has been passed over to this Court and the same is hereby taken on record.
Counsel for the respondent No.2 concurs the fact of compromise dated 02.04.2021 arrived between the parties.
Having considered the facts and circumstances of the case, since the parties have settled the dispute and complainant respondent No.2 has accepted the sum towards full and final settlement of dispute on the satisfaction of the complainant and in the light of provisions of Section 147 of NI Act and in view of law laid down by the Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663, the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside.
Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgment dated 23.12.2019 and 11.03.2019 is hereby set aside on the basis of the aforesaid compromise.
The revision petition is disposed of accordingly. Stay petition also stands disposed of.
(MANOJ KUMAR GARG),J C/1-MS/-
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