(1 of 3) [CRLR-586/2020] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 586/2020 Nitin Channiwal, Aged About 42 Years, Presently/the Then Chairman And Managing Director Of Manglam Enterprises, 123, Roop Rajat Township, 2Nd Phase, Pal Road, Jodhpur, District Jodhpur.
----Petitioner Versus
1. State, Through P.p.
2. Smt. Lali Devi W/o Fateh Chand, Proprietor Of Adeshwar Industries, G/h-1/187, Agro Food Park, Industrial Area, Boranada, Jodhpur, District Jodhpur.
----Respondents For Petitioner(s) : Mr. Dwarkesh Vyas, Adv. through VC For Respondent(s) : Mr. SS Rajpurohit, PP Mr. Vinod Choudhary, Adv. through VC HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order 28/04/2021 This revision petition has been filed against the judgment dated 01.02.2020 passed by the learned Addl. Sessions Judge No.5, Jodhpur Metro, whereby the appeal of the petitioner has been dismissed and the judgment dated 04.12.2018 passed by the learned Special Metropolitan Magistrate, N.I. Act Cases, No.4, Jodhpur Metro for offence under Section 138 N.I. Act has been affirmed and the petitioner sentenced to undergo six months' simple imprisonment along with fine in the sum of Rs.1,20,000/-.
Counsel for the petitioner submits that 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 (Downloaded on 05/05/2021 at 08:16:01 PM) (2 of 3) [CRLR-586/2020] and the respondent No.2 has received all the amount from the petitioner and does not want 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.
Counsel for the respondent No.2 concurs the fact of compromise 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. However, since the compromise has been arrived at after rejection of the appeal preferred by the petitioner, a cost of 15% of the cheque amount deserves to be imposed upon the petitioner in the light of the decision rendered by the Hon'ble Apex court in the case of Damodar S. Prabhu (Supra).
Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgment dated 04.12.2018 and 01.02.2020 are hereby set aside on the basis of the aforesaid compromise subject to deposition of cost of 15% of the cheque amount. The cost shall be deposited by the petitioner with the Rajasthan State Legal Services Authority, Jodhpur within a period of four weeks from today. In case the cost is not deposited by the petitioner within (Downloaded on 05/05/2021 at 08:16:01 PM) (3 of 3) [CRLR-586/2020] the stipulated period, the revision petition may be listed before this Court for passing appropriate orders.
The revision petition is disposed of.
Application for suspension of sentence is also disposed of accordingly.
A copy of this order be sent to Rajasthan State Legal Services Authority, Jodhpur.
(MANOJ KUMAR GARG),J 125-MS/-
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