Ratan Lal vs State
2021 Latest Caselaw 9107 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 362/2021

Ratan Lal S/o Hari Kishan, B/c Lohar, Aged about 50 years, R/o Maal Ki Chogawadi, PS Chanderia, District Chittorgarh, Rajasthan (Presently Lodged In Distt. Jail, Chittorgarh)

----Petitioner Versus

1. State of Rajasthan.

2. Kalu Ram S/o Mewa Lal B/c Khateek, R/o Narela, District Chittorgarh.

----Respondents

For Petitioner(s) : Mr. BS Charan, Adv. For Respondent(s) : Mr. SS Rajpurohit, PP Mr. Abhishek Charan, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

08/04/2021

This revision petition has been filed against the judgment

dated 23.12.2019 passed by the learned Sessions Judge,

Chittorgarh whereby the appeal of the petitioner has been

dismissed and the judgment dated 11.03.2019 passed by the

learned Special Judicial Magistrate (NI Act Cases), Chittorgarh for

offence under Section 138 N.I. Act has been affirmed and the

petitioner was sentenced to undergo two years' simple

imprisonment along with fine in the sum of Rs.6,25,000/-.

Counsel for the petitioner submits that the petitioner is

inside the jail and during the pendency of the revision petition, the

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

compromise in the spirit of Lok Adalat and the respondent No.2

has received all the amount from the petitioner and does not want

(2 of 2) [CRLR-362/2021]

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. A copy of the compromise dated 02.04.2021

has been passed over to this Court and the same is hereby taken

on record.

Counsel for the respondent No.2 concurs the fact of

compromise dated 02.04.2021 arrived 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 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 judgment dated 23.12.2019 and 11.03.2019 is hereby set

aside on the basis of the aforesaid compromise.

The revision petition is disposed of accordingly. Stay petition

also stands disposed of.

(MANOJ KUMAR GARG),J C/1-MS/-

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