Rajasthan High Court - Jodhpur
Rajesh Singh Sisodiya vs State Of Rajasthan on 29 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 113/2021
Rajesh Singh Sisodiya S/o Gatu Lal Katwal, Aged About 40 Years,
R/o Kishanavto Ki Khedi, Ward No. 05, Police Station Pratap
Nagar, Dist. Bhilwara (Raj.). (Presently Lodged In District Jail,
Bhilwara).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Kalu Singh S/o Madhu Singh, B/c Rajput Panwar, R/o
Jahanwar Nagar, Dist. Bhilwara (Raj.).
----Respondents
For Petitioner(s) : Mr. Naman Mohnot
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Praveen Bhati and Mr. Kaushal
Gautam
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/01/2021
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 25.09.2019 passed
by the appellate court whereby the judgment dated 12.04.2016
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
settlement of the cheque, on the satisfaction of the complainant
(Downloaded on 30/01/2021 at 08:41:38 PM)
(2 of 2) [CRLR-113/2021]
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 12.04.2016 passed by the Learned
Special Judicial Magistrate (Negotiable Instrument Act) Cases,
No.1, Bhilwara in criminal regular case No.967/2014 as affirmed
by judgment dated 25.09.2019 passed by Learned Special Judge,
SC/ST Prevention of Atrocities Cases, Bhilwara in Criminal Appeal
No.30/2019 (16/2016), 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.
208-/Arti/Jitender/-
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