Rajasthan High Court - Jodhpur
Ganpatlal vs State Of Rajasthan (2025:Rj-Jd:18196) on 9 April, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:18196]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1144/2023
Ganpatlal S/o Shri Mohanlal, Aged About 78 Years, R/o Niwasi -
A - 190 Saraswati Nagar, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through PP, Rajasthan High Court,
Jodhpur.
2. Indian Overseas Bank, Central Office 762 Anna Silai
Chennai - 2 Bhakha Office Sojati Gate, Jodhpur, Raj.
----Respondents
For Petitioner(s) : Mr. Javed Hussain
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
Mr. Yashwant Mehta for R.2
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment 09/04/2025 This revision petition has been filed against the judgment dated 11.08.2023 passed by the learned Sessions Judge, District Jodhpur in Criminal Appeal No.92/2018 by which, the appeal filed by the petitioner was dismissed and the judgment dated 22.11.2018 passed by the learned Judicial Magistrate, District Jodhpur in Main Case No.107/2014 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.20,00,000/-.
Learned counsel for the petitioner submits that the petitioner and complainant-respondent No.2 have entered into a compromise in the spirit of Lok Adalat and the amount had already been (Downloaded on 09/04/2025 at 09:52:16 PM) [2025:RJ-JD:18196] (2 of 2) [CRLR-1144/2023] deposited by the borrower M/s Anokhi Choice and the respondent No.2 and does not want to proceed with the matter. It is stated that since the parties have entered into compromise and amicable settled their dispute, therefore, the sentence of imprisonment awarded to the petitioner may be set aside.
Learned counsel for respondent No.2 concurs the fact of compromise arrived at between the parties.
Having considered the facts and circumstances of the case, since the parties have settled their dispute and the amount had already been deposited by the borrower M/s Anokhi Choice, therefore, 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 11.08.2023 and 22.11.2018 are hereby set aside on the basis of the aforesaid compromise.
The revision petition is disposed of accordingly. Suspension of sentence application is also decided.
(MANOJ KUMAR GARG),J 107-mSingh/-
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