Narayan Singh vs State Of Rajasthan
2021 Latest Caselaw 2154 Raj

                                          (1 of 2)                  [CRLR-73/2021]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 73/2021

Narayan Singh S/o Fateh Singh, Aged About 32 Years, R/o
Village Sirdi, Tehsil- District Chittorgarh, Rajasthan. (At Present
Lodged In District-Jail, Chittorgarh).
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Pp
2.     Kanheyalal S/o Kalu Ram, Aged About 45 Years, R/o
       Village Maanpura, Tehsil-District Chittorgarh, Rajasthan.
                                                                ----Respondents


For Petitioner(s)        :     Mr. Mahaveer Singh
For Respondent(s)        :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

27/01/2021

     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 19.07.2019 passed

by the appellate court whereby the judgment dated 22.09.2017

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.2 had accepted the sum towards full and final


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                                                                              (2 of 2)              [CRLR-73/2021]



                                   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 22.09.2017 passed by the learned

                                   Additional Chief Judicial Magistrate No.2, Chittorgarh in regular

                                   criminal case No.292/2013 as affirmed by judgment dated

                                   19.07.2019 passed by learned Additional Sessions Judge No.3,

                                   Chittorgarh in Criminal Appeal No.214/2017, 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.

160-Zeeshan

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