Sanjay Soni vs Padam Kumar
2021 Latest Caselaw 2503 Raj

 HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
               S.B. Criminal Revision Petition No. 87/2021

Sanjay Soni S/o Bajrang Lal Soni, Aged About 50 Years, I-167,
Bapu Nagar, Bhilwara (Raj.).
                                                                           ----Petitioner
                                         Versus
1.        Padam Kumar S/o Ladu Lal Jain, Bapu Nagar, Bhilwara
          (Raj.).
2.        State Of Rajasthan, Through P.p., Bhilwara.
                                                                     ----Respondents


For Petitioner(s)             :     Mr. Sanjay Nahar
For Respondent(s)             :     Mr. Gaurav Singh, PP
                                    Mr. Suniel Purohit, for the complainant



        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 Bar that a compromise has been arrived at

between the parties after the judgment dated 11.02.2020 passed by

the appellate court, whereby the judgment dated 22.12.2017 passed

by the trial has been affirmed.

        It is borne out from the compromise 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 and

in the light of provisions of Section 147 of NI Act and in view of law

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                                                                              (2 of 2)              [CRLR-87/2021]

                                   laid down by 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, as 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 22.12.2017 passed by learned Special Judicial

                                   Magistrate, NI Act Case No.2, Bhilwara in Criminal Original Case

                                   No.1587/2016 as affirmed by judgment dated 11.02.2020 passed by

                                   learned Additional Sessions Judge No.2, Bhilwara in Criminal Appeal

                                   No.16/2018, are 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.

151-Sanjay/-

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