Rajasthan High Court - Jodhpur
Prem Kumar Dadhich vs Shivprakash Dadhich on 1 February, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 121/2021
Prem Kumar Dadhich S/o Hanuman Prasad Dadhich, Aged About
38 Years, Paharganj, Lalsagar Road, Mandore, Jodhpur.
----Petitioner
Versus
1. Shivprakash Dadhich S/o Surendra Kumar, Vyas Ka Bas,
Opposite Goshala, Soorsagar, Jodhpur.
2. State Of Rajasthan, Through P.p.
----Respondents
For Petitioner(s) : Mr. BS Mertia
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Chakrawarti Singh
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
It is stated at the Bar that a compromise has been arrived at
between the parties after the judgment dated 15.01.2021 passed
by the appellate court whereby the judgment dated 11.01.2018
passed by the trial has been affirmed. It is borne out that the
complainant is not inclined to proceed further in the matter.
Learned counsel for the parties have placed reliance on a decision
of Supreme Court in case of Damodar S. Prabhu vs Sayed
Babalal H [2010(5) SCC 66].
Having considered the facts and circumstances of the case,
since the parties have settled the dispute and complainant
respondent No.1 had accepted the sum towards full and final
(Downloaded on 03/02/2021 at 08:48:51 PM)
(2 of 2) [CRLR-121/2021]
settlement of the cheque, 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. (supra), 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 petitioner is directed to deposit 15% of the
cheque amount with the State Legal Services Authority, Jodhpur
within a period of two weeks from today.
The conviction and sentence of imprisonment awarded to the
petitioner for offence under Section 138 Negotiable Instruments
Act, vide judgment dated 11.01.2018 passed by the Learned
Metropolitan Magistrate, No. 10 Jodhpur Metro in criminal case
No.1223/2013 as affirmed by judgment dated 15.01.2021 passed
by Learned Additional Sessions Judge No.5 Jodhpur Metro in
Criminal case No.66/2018, is hereby set aside on the basis of the
aforesaid compromise.
The revision petition is disposed of accordingly. Stay petition
also stands disposed of.
(DR.PUSHPENDRA SINGH BHATI),J.
292-Arti/-
Powered by TCPDF (www.tcpdf.org)
