Rajasthan High Court - Jodhpur
Kalu Lal vs State Of Rajasthan on 26 July, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 298/2021
Kalu Lal S/o Sh. Babu Lal, Aged About 30 Years, B/c Meghwal, R/
o Sawa, P.s. Sambhupura, Tehsil And District Chittorgarh.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Labh Chand S/o Sh. Narayanlal Acharya, Aged About 40
Years, B/c Acharya, R/o Kannoj P.s. And Tehsil Bhadesar,
Dist. Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Anil Vyas
For Respondent(s) : Mr. M.S. Bhati, PP
Mr. B.S. Mertia
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/07/2021
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 02.07.2019 passed
by the appellate court, whereby the judgment dated 29.05.2017
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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(2 of 2) [CRLR-298/2021]
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 29.05.2017 passed by learned Special
Judicial Magistrate (N.I. Act Cases), Chittorgarh in Criminal Case
No.2157/2015 as affirmed by judgment dated 02.07.2019 passed
by learned Additional District and Session Judge No.3, Chittorgarh
in Criminal Appeal No.163/2017, 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.
82-Sudheer/-
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