Rajasthan High Court - Jodhpur
Naresh vs State on 15 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 222/2021
Naresh S/o Mangi Lal Mali, Aged About 25 Years, House No. 26,
Chandra Colony Ankit School Ke Piche Dhikli Road, Pratapnagar,
Udaipur.
----Petitioner
Versus
1. State, Through P.p.
2. Ram Narayan S/o Shankar Lal, Chandra Colony Bedvas
Dhilki Road Tehsil Girva, District Udaipur.
----Respondents
For Petitioner(s) : Mr. Jitendra OJha
For Respondent(s) : Mr. Mool Singh Bhati PP
Mr. LK Ramdhari
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/03/2021
An application has been filed by the learned counsel for the
appellant for condoning the delay under Section 5 of the
Limitation Act, of filing revision petition.
For the reasons mentioned in the application. The application
is allowed, the delay in filing criminal revision petition is hereby
condoned.
The matter is heard today itself.
This revision petition has been filed against the judgment
dated 30.08.2019 passed by the learned Addl. Sessions Judge
No.3, Udaipur, in Criminal Appeal No.47/2017 whereby the appeal
of the petitioner has been dismissed and the judgment dated
16.01.2017 passed by the learned Special Judge N.I. Act Cases
(2 of 3) [CRLR-222/2021]
No.2, Udaipur in Regular Original Case No.387/2015 for offence
under Section 138 N.I. Act has been affirmed and the petitioner
sentenced to six months simple imprisonment and ordered to pay
fine in the sum of Rs.7,50,000/-.
Counsel for the petitioner submits that during the pendency
of the revision petition, the petitioner and complainant-respondent
No.2 have entered into a compromise in the spirit of Lok Adalat
and the respondent has received all the amount from the
petitioner and does not want to proceed in the matter. The photo-
state copy of the affidavit dated 25.02.2021 has been passed over
to this Court during the course of argument, which shall be formed
part of the record. It is stated that since the parties have entered
into compromise and amicably settled their dispute, therefore, the
sentence of imprisonment awarded to the petitioner may be set
aside.
Counsel for the respondent No.1 concurs the fact of
compromise dated 25.02.2021 arrived between the parties.
Having considered the facts and circumstances of the case,
since the parties have settled the dispute and complainant
respondent has accepted the sum towards full and final settlement
of dispute 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. reported in 2010 (5) SCC 663, 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
(3 of 3) [CRLR-222/2021]
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 conviction and sentence of imprisonment
awarded to the petitioner for offence under Section 138 NI Act
vide judgment dated 16.01.2017 and 30.08.2019 are hereby set
aside on the basis of the aforesaid compromise subject to
deposition of cost of 15% of the cheque amount Rs.6,00,000/-.
The cost shall be deposited by the petitioner with the Rajasthan
State Legal Services Authority, Jodhpur within a period of four
weeks from today. In case the cost is not deposited by the
petitioner within the stipulated period, the revision petition may
be listed before this Court for passing appropriate orders.
The revision petition is disposed of. Stay petition is also
disposed of.
Copy of this order be sent to the Rajasthan State Legal
Services Authority, Jodhpur for necessary compliance.
(MANOJ KUMAR GARG),J
246-Anshul/-
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