Jairaj Singh vs State
2021 Latest Caselaw 8811 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 74/2020 Jairaj Singh S/o Shri Harlal, Aged About 45 Years, By Caste Meena, R/o Staff Quarter No. 2, Govt. Polytechnic College, Bojunda, Tehsil And Dist. Chittorgarh, Raj.

----Petitioner Versus

1. State of Rajasthan

2. Devraj S/o Bheru Lal, By Caste Keer, R/o Keerkheda (Sichai Nagar), Teh. And District Chittorgarh.

----Respondents

For Petitioner(s) : Mr. B.L. Choudhary. For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

Mr.Awar Dan, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

05/04/2021

This revision petition has been filed against the judgment

dated 28.05.2019 passed by the learned Additional Sessions

Judge No.2, Chittorgarh, in Criminal Appeal No.321/2016, vide

which, the appeal filed by the petitioner was dismissed and the

judgment dated 05.07.2016 passed by the learned Special Judicial

Magistrate (N.I. Act) Cases, Chittorgarh in Criminal Case

No.680/2015 convicting and sentencing the petitioner for offence

under Section 138 N.I. Act has been affirmed. The petitioner was

sentenced to undergo two years imprisonment along with fine in

the sum of Rs.20,70,000/-, which was ordered to be disbursed to

the complainant.

Learned counsel for the petitioner submits that the petitioner

and complainant-respondent No.2 have entered into a compromise

(2 of 2) [CRLR-74/2020]

in the spirit of Lok Adalat and the respondent No.2 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. It is informed by learned counsel

for the petitioner that accused-petitioner has surrendered on

19.03.2021 and is now inside the jail.

Learned counsel for respondent No.2 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 material available on record.

Having considered the facts and circumstances of the case,

since the parties have settled their 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 judgments dated 05.07.2016 and 28.05.2019 are hereby set

aside on the basis of the compromise

The revision petition is allowed in the above terms. Stay

petition also stands decided accordingly.

(MANOJ KUMAR GARG),J 198-Prashant/NK

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