Devilal vs Vinod Sahu
2022 Latest Caselaw 5344 Raj

                                        (1 of 2)                [CRLR-286/2022]

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
         S.B. Criminal Revision Petition No. 286/2022

Devilal S/o Shri Udailal, Aged About 50 Years, R/o Choudhriyo Ki
Gali, Near Jhameshwar Dairy, Bhopalwadi, Udaipur (Raj.)
                                                     ----Petitioner
                              Versus
1.     Vinod Sahu S/o Shri Ganeshlal Sahu, R/o Gali No. 1,
       Swarajya Nagar, Maachala Magra, Udaipur (Raj.)
2.     State Of Rajasthan, Through Pp
                                                 ----Respondents



For Petitioner(s)        :     Mr. Love Jain
For Respondent(s)        :     Mr. M.S.Bhati, PP
                               Mr. Naresh Khatri



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

11/04/2022

     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 also stated at Bar that a compromise has been arrived

at between the parties after the judgment dated 06.09.2021

passed by the appellate court, whereby the judgment dated

22.01.2019 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-286/2022]



                                   respondent No.1 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 22.01.2019 passed by learned Special

                                   Judicial Magistrate (N.I. Act Cases) No.5, Udaipur in Regular

                                   Criminal Case No.664/2018 as affirmed by judgment dated

                                   06.09.2021 passed by learned Additional Sessions Judge No.5,

                                   Udaipur in Criminal Appeal No.03/2019, 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.

30-Sudheer/-

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