Peerulal Regar vs Govind Singh Chaddha
2022 Latest Caselaw 5680 Raj

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      AT JODHPUR
           S.B. Criminal Revision Petition No. 311/2020

Peerulal Regar S/o Shankar Lal Regar, Aged About 32 Years, By
Caste Regar, R/o Rolahera, Tehsil And Dist. Chittorgarh (Raj.).
                                                                    ----Petitioner
                                   Versus
1.      Govind Singh Chaddha S/o Niranjan Singh Chaddha,
        Nagar Palika Colony Chittorgarh Proprietor Chaddha
        Distposal   House         Chanderiya,           Tehsil     And    District
        Chittorgarh (Raj.).
2.      The State Of Rajasthan, Through P.p.
                                                                 ----Respondents


For Petitioner(s)        :     Mr. S.L. Kumawat
For Respondent(s)        :     Mr. Ramavtar, for the complainant
                               Mr. SS Rajpurohit, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

19/04/2022
     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 the Court, for the safety

of all concerned.

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

between the parties after the judgment dated 20.02.2020 passed

by appellate court, whereby the judgment dated 09.08.2018

passed by the trial court has been affirmed.

     It is borne out from the compromise that the complainant is

not inclined to proceed further in the matter.




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     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

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 09.08.2018 passed by learned Additional

Chief Judicial Magistrate No.1, Chittorgarh in Criminal Original

Case No.1301/2016 (382/2016) as affirmed by judgment dated

20.02.2020 passed by learned Additional Sessions Judge No.2,

Chittorgarh in Criminal Appeal No.25/2019 (186/2018), are

hereby set aside on the basis of the aforesaid compromise.

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                                        The revision petition is disposed of accordingly.

                                        Stay petition also stands disposed of.




                                                                  (DR.PUSHPENDRA SINGH BHATI), J.

175-nirmala/Sanjay-

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