Rajasthan High Court - Jodhpur
Nitin Channiwal vs State on 28 April, 2021
Bench: Manoj Kumar Garg
(1 of 3) [CRLR-586/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 586/2020
Nitin Channiwal, Aged About 42 Years, Presently/the Then
Chairman And Managing Director Of Manglam Enterprises, 123,
Roop Rajat Township, 2Nd Phase, Pal Road, Jodhpur, District
Jodhpur.
----Petitioner
Versus
1. State, Through P.p.
2. Smt. Lali Devi W/o Fateh Chand, Proprietor Of Adeshwar
Industries, G/h-1/187, Agro Food Park, Industrial Area,
Boranada, Jodhpur, District Jodhpur.
----Respondents
For Petitioner(s) : Mr. Dwarkesh Vyas, Adv. through VC
For Respondent(s) : Mr. SS Rajpurohit, PP
Mr. Vinod Choudhary, Adv. through VC
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
28/04/2021
This revision petition has been filed against the judgment
dated 01.02.2020 passed by the learned Addl. Sessions Judge
No.5, Jodhpur Metro, whereby the appeal of the petitioner has
been dismissed and the judgment dated 04.12.2018 passed by
the learned Special Metropolitan Magistrate, N.I. Act Cases, No.4,
Jodhpur Metro 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.1,20,000/-.
Counsel for the petitioner submits that 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
(2 of 3) [CRLR-586/2020]
and the respondent No.2 has received all the amount from the
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.2 concurs the fact of
compromise 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. 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 judgment dated 04.12.2018 and 01.02.2020 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 four weeks from
today. In case the cost is not deposited by the petitioner within
(3 of 3) [CRLR-586/2020]
the stipulated period, the revision petition may be listed before
this Court for passing appropriate orders.
The revision petition is disposed of.
Application for suspension of sentence is also disposed of
accordingly.
A copy of this order be sent to Rajasthan State Legal
Services Authority, Jodhpur.
(MANOJ KUMAR GARG),J
125-MS/-
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