Umar Mohammad vs State Of Rajasthan
2021 Latest Caselaw 10697 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
         S.B. Criminal Revision Petition No. 456/2021

Umar Mohammad S/o Allaha Noor, Aged About 35 Years, Lohar
Mohalla, Chittorgarh, District Chittorgarh (Rajasthan).
                                                      ----Petitioner
                               Versus
1.     State Of Rajasthan, Through P.p.
2.     Chandra Shekhar S/o Govind Ram Bilochi, House Number
       26 A, Bapu Nagar, Chittorgarh, District Chittorgarh
       (Rajasthan).
                                                  ----Respondents



For Petitioner(s)        :     Mr. Rajendra Singh Rathore
For Respondent(s)        :     Mr. A.R. Choudhary
                               Mr. Gopal Singh



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

13/07/2021

     In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

     It is stated at Bar that a compromise has been arrived at

between the parties after the judgment dated 06.03.2021 passed

by the appellate court, whereby the judgment dated 11.01.2017

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-



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                                   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 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 Deputy Secretary, Rajasthan 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 11.01.2017 passed by learned Additional

                                   Judicial   Magistrate,   Chittorgarh          in    Criminal      Regular   Case

                                   No.143/2013     (55/2011)        as     affirmed        by      judgment    dated

                                   06.03.2021 passed by learned Additional Sessions Judge No.1,

                                   Chittorgarh in Criminal Appeal No.45/2017, are hereby set aside

                                   on the basis of the aforesaid compromise.

                                        The revision petition is disposed of accordingly.



                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

68-Sudheer/-

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