Harish Chugh vs State Of Rajasthan
2022 Latest Caselaw 5205 Raj

                                         (1 of 2)                   [CRLR-276/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
             S.B. Criminal Revision Petition No. 276/2022

Harish Chugh S/o Amarnath Chugh, Aged About 53 Years, R/o
Care Of Shop No. 12, Shop Of Jeet Singh Khanuja, Nayi Sabji
Mandi, Tehsil And District Bikaner.
                                                                    ----Petitioner
                                    Versus
1.        State Of Rajasthan
2.        Ashok Chugh S/o Shri Narayan Das, R/o Padampur Road,
          Sri Ganganagar.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Anil Gupta
For Respondent(s)         :     Mr. Gaurav Singh, PP
                                Mr. Kuber Choudhary



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

07/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, 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 14.02.2022 passed

by the appellate court whereby the judgment dated 09.06.2017

passed by the learned trial court 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].


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                                                                              (2 of 2)                    [CRLR-276/2022]


                                           Having considered the facts and circumstances of the case,

                                   since the parties have settled the dispute and complainant

                                   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 09.06.2017 passed by the learned

                                   Special Chief Judicial Magistrate (N.I. Act) No.2, Sriganganagar in

                                   Criminal Original Case No.1421/2016 as affirmed by the judgment

                                   dated 14.02.2022 passed by learned Additional Sessions Judge

                                   No.1,     Sriganganagar      in    Criminal        Appeal         No.227/2017   CIS

                                   No.181/2017, CNR No.RJSG010029542017, is hereby set aside on

                                   the basis of the aforesaid compromise.

                                           The revision petition is disposed of accordingly. All pending

                                   applications also stand disposed of.



                                                                  (DR.PUSHPENDRA SINGH BHATI), J.

153-Zeeshan

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