Rajasthan High Court - Jodhpur
Vinod Puri vs Rameshchandra on 26 October, 2021
Bench: Manoj Kumar Garg
(1 of 3) [CRLR-863/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 863/2021
Vinod Puri S/o Prabhupuri Goswami, Aged About 38 Years, R/o
Modi, P.s. Kheroda, Tehsil Vallabhnagar, Dist. Udaipur. (At
Present Lodged In Central Jail, Udaipur).
----Petitioner
Versus
1. Rameshchandra S/o Hukmichandra Jhalawat Brahmin, R/
o Kharsan, P.s. Kheroda, Tehsil Vallabhnagar, Dist.
Udaipur.
2. State Of Rajasthan-State, Through Pp
----Respondents
For Petitioner(s) : Mr. Abhishek Charan
For Respondent(s) : Mr. Mukesh Trivedi, PP
Mr. Bhushan Singh Charan
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
26/10/2021
This revision petition has been filed against the judgment
dated 08.09.2021 passed by the learned Addl. Sessions Judge
No.5, Udaipur whereby the appeal of the petitioner has been
dismissed and the judgment dated 05.11.2015 passed by the
learned Additional Chief Judicial Magistrate, Vallabhnagar, District
Udaipur for offence under Section 138 N.I. Act has been affirmed
and the petitioner sentenced to undergo six months' simple
imprisonment along with fine in the sum of Rs.2,00,000/-.
Counsel for the petitioner submits that during the pendency
of the revision petition, the petitioner and complainant-respondent
No.1 have entered into a compromise in the spirit of Lok Adalat
and the respondent No.1 has received all the amount from the
(2 of 3) [CRLR-863/2021]
petitioner and does not want to proceed in the matter. The copy of
the compromise dated 08.10.2021 has been passed over to this
Court by the counsel for the parties during the course of argument
and the same is hereby taken on 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 08.10.2021 arrived at between the parties.
Having considered the facts and circumstances of the case,
since the parties have settled the dispute and complainant
respondent No.1 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 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 05.11.2015 and 08.09.2021 is hereby set
aside on the basis of the aforesaid compromise subject to
deposition of cost of 15% of the cheque amount. The cost shall be
deposited by the petitioner with the Rajasthan State Legal
(3 of 3) [CRLR-863/2021]
Services Authority, Jodhpur within a period of two months 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 accordingly. Stay petition
also stands disposed of.
A copy of this order be sent to the office of Legal Services
Authority at Jodhpur.
(MANOJ KUMAR GARG),J
34-priyal/-
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