Rajasthan High Court - Jodhpur
Jairaj Singh vs State on 5 April, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 73/2020
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.
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 07.11.2019 passed by the learned Additional Sessions
Judge No.1, Chittorgarh, in Criminal Appeal No.20/2015, vide
which, the appeal filed by the petitioner was dismissed and the
judgment dated 21.02.2015 passed by the learned Additional
Judicial Magistrate, Chittorgarh, in Criminal Case No.580/2013
convicting and sentencing the petitioner for offence under Section
138 N.I. Act has been affirmed. The petitioner was sentenced to
undergo two years simple imprisonment along with fine in the
sum of Rs.20,00,000/-, out of which a sum of Rs.17,00,000/-
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-73/2020]
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 placed 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 07.11.2019 and 21.02.2015 are hereby set
aside on the basis of the aforesaid compromise.
The revision petition is allowed in the above terms. Stay
petition also stands decided accordingly.
(MANOJ KUMAR GARG),J
197-Prashant/NK
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