[2023:RJ-JD:38670] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1532/2023 Dinesh Bangar S/o Jamnalal Bangar, Aged About 65 Years, Through Proprietor Balaji Tyres Dealers Apollo Tyres, 57, Maharana Pratap Market, Bhilwara, At Present 6/28, Kashipuri, Bhilwara, Tehsil And District Bhilwara (Rajasthan).
----Petitioner Versus
1. Gajanand Bajaj S/o Devi Lal Bajaj, R/o C-162, Shastri Nagar, Solanki Talkies Road, Station City Kotwali, Bhilwara (Rajasthan).
2. State Of Rajasthan, Through Pp
----Respondents
For Petitioner(s) : Mr. Nikhil Ajmera
For Respondent(s) : Ms. Anita Gehlot, PP
Mr. Ravindra Singh
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/11/2023
An application (Inward No.01/23) has been filed under Section 5 of Limitation Act for condonation of delay.
For the reasons mentioned in the application, the same is hereby allowed.
Delay in filing revision petition is hereby condoned. This revision petition has been filed against the judgment dated 24.09.2019 passed by the learned Special Judge, SC/ST Cases, Bhilwara in Criminal Appeal No.34/2019, by which, the appeal filed by the petitioner was dismissed and the judgment dated 17.11.2017 passed by the learned Special Judicial Magistrate (N.I. Act Cases) No.1, Bhilwara in Criminal Original (Downloaded on 11/11/2023 at 08:47:52 PM) [2023:RJ-JD:38670] (2 of 3) [CRLR-1532/2023] Case No.1164/2015 convicting and sentencing the petitioner for offence under Section 138 N.I. Act has been affirmed. The petitioner was sentenced to undergo one year's simple imprisonment along with fine in the sum of Rs.3,00,000/-. In default of payment of fine, the petitioner was sentenced to undergo fifteen days simple imprisonment.
Learned counsel for the petitioner submits that the petitioner and complainant-respondent No.1 have entered into a compromise in the spirit of Lok Adalat and the respondent No.1 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 dated 25.10.2023 is already placed on record.
Learned counsel for respondent No.1 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 dated 25.10.2023.
Having considered the facts and circumstances of the case, since the parties have settled their dispute and complainant respondent No.1 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 20% of the cheque amount deserves to be (Downloaded on 11/11/2023 at 08:47:52 PM) [2023:RJ-JD:38670] (3 of 3) [CRLR-1532/2023] imposed upon the petitioner in 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 24.09.2019 and 17.11.2017 is hereby set aside on the basis of the aforesaid compromise subject to deposition of cost of 20% of the cheque amount. The cost shall be deposited by the petitioner before the Rajasthan State Legal Services Authority, Jodhpur within a period of one month from today. In case, the cost is not deposited by the petitioner before the Rajasthan State Legal Services Authority within the stipulated period, the revision petition may be listed before this Court for passing appropriate orders.
The revision petition is allowed in the above terms. Suspension of sentence application stands decided accordingly.
(MANOJ KUMAR GARG),J 271-raksha/-
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