Jagdish vs State
2022 Latest Caselaw 5537 Raj

                                          (1 of 2)                   [CRLR-285/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
             S.B. Criminal Revision Petition No. 285/2022

Rajesh Kumar Sharma S/o Hira Lal Sharma, Aged About 42
Years,     R/o   Dhanet     Kala,      P.s.    Sadar       Chittorgarh,    District
Chittorgarh.
                                                                     ----Petitioner
                                     Versus
1.        Anil Kumar Chandak S/o Satyanarayan Chandak, R/o
          Uparlapada, P.s. Kotwali Chittorgarh, District Chittorgarh.
2.        State Of Rajasthan, Through Pp
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Abhishek Charan
For Respondent(s)          :     Mr. Praveen Singh
                                 Mr. S.K. Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

13/04/2022

     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 08.02.2021 passed

by the appellate court whereby the judgment dated 01.04.2016

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-285/2022]


                                        Having considered the facts and circumstances of the case,

                                   since the parties have settled the dispute and complainant

                                   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 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 01.04.2016 passed by the learned

                                   Special   Chief   Judicial    Magistrate         (N.I.     Act   Cases),   District

                                   Chittorgarh in Regular Criminal Case No.500/2015 as affirmed by

                                   the judgment dated 08.02.2021 passed by learned Additional

                                   Sessions Judge No.1, Chittorgarh in Criminal Appeal No.19/2016,

                                   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.

10-Zeeshan

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