Rajasthan High Court - Jodhpur
Gulab vs Prakash Chandra (2024:Rj-Jd:9753) on 26 February, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:9753]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 297/2024
Gulab S/o Shri Joru Kumawat, Aged About 36 Years, R/o
Gadrikheda, Koshithal, Police Station Gangapur, District Bhilwara.
----Petitioner
Versus
1. Prakash Chandra S/o Shri Lehru Lal Ojha, R/o Galwa,
Police Station Raipur, District Bhilwara.
2. The State Of Rajasthan, Through Pp
----Respondents
For Petitioner(s) : Mr. Manoj Kumar Pareek
For Respondent(s) : Mr. Narendra Rajpurohit, for
respondent No.1
Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 26/02/2024 This revision petition has been filed against the judgment dated 13.02.2024 passed by the learned Addl. Sessions Judge Gangapur, District Bhilwara, in Criminal Appeal No.03/2022 whereby the appeal of the petitioner has been dismissed and the judgment dated 05.05.2022 passed by the learned Special Judicial Magistrate, NI Act Cases, Raipur, District Bhilwara, 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.1,00,000/-.
Counsel for the petitioner submits that during the pendency of the revision petition, the petitioner and complainant-respondent No.1 has entered into a compromise in the spirit of Lok Adalat and the respondent No.1 has received all the amount from the (Downloaded on 26/02/2024 at 08:42:50 PM) [2024:RJ-JD:9753] (2 of 3) [CRLR-297/2024] 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.1 concurs the fact of compromise arrived at 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 received the sum towards full and final settlement of dispute on the satisfaction of the complainant, therefore, in the light of provisions contained in Section 147 of NI Act, so also 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 judgments dated 05.05.2022 and 13.02.2024 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 two months from today. In case the cost of 15% of the cheque amount is not (Downloaded on 26/02/2024 at 08:42:50 PM) [2024:RJ-JD:9753] (3 of 3) [CRLR-297/2024] deposited by the petitioner within the stipulated period, the revision petition may be listed before this Court for passing appropriate orders.
The revision petition is disposed of accordingly. Suspension of sentence application is also decided.
A copy of this order be sent to the office of Legal Services Authority at Jodhpur.
(MANOJ KUMAR GARG),J 205-Ishan/-
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