Suraj vs State Of Rajasthan
2021 Latest Caselaw 9468 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
         S.B. Criminal Revision Petition No. 428/2021

Suraj S/o Devi Lal Prajapat, Aged About 32 Years, Harni
Mahadev Road, Hanuman Colony, Shyam Viharwala Road,
Bhilwara, Dist. Bhilwara. (At Present Lodged In Dist. Jail,
Bhilwara).
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Pp
2.     Suresh S/o Mangi Lal, B/c Vaishnav, R/o Bharat Studio,
       Badla Chouraha, Shastri Nagar, Bhilwara.
                                                                ----Respondents



For Petitioner(s)        :     Mr. Padam Singh Solanki on VC
For Respondent(s)        :     Ms. Anita Gehlot, PP
                               Mr. RS Choudhary, on VC



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

18/05/2021

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

Court is functioning virtually and abundant caution is being

maintained for the safety of all concerned.

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

between the parties after the judgment dated 07.11.2019 passed

by the appellate court whereby the judgment dated 05.07.2016

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

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                                                                            (2 of 2)                [CRLR-428/2021]



                                   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 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 05.07.2016 passed by the learned

                                   Special Judicial Magistrate (N.I. Act Cases) No.1, Bhilwara in case

                                   No.373/2013 as affirmed by judgment dated 07.11.2019 passed

                                   by learned Special Judge SC/St (Prevention of Atrocity Cases),

                                   Bhilwara in Appeal No.67/2019 (120/2016), 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.

111-Sphophaliya/Sudheer/-

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