Kanhaiya Lal Rathi vs State Of Rajasthan
2022 Latest Caselaw 6028 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
         S.B. Criminal Revision Petition No. 335/2022

Kanhaiya Lal Rathi S/o Sh. Rameshwar Lal Rathi, Aged About 56
Years, Shiv Readymade, In Front Of Shiv Mandir, Kaluramji Ki
Baori, Soorsagar, Jodhpur.
                                                  ----Petitioner
                              Versus
1.     State Of Rajasthan, Through Pp
2.     Anand Singh Solanki S/o Gumna Ram, Rupawato Ka Bera,
       Kaliberi, Soorsagar, Jodhpur.
                                              ----Respondents


For Petitioner(s)        :     Mr. Dhan Raj Vaishnav
For Respondent(s)        :     Mr. Mukesh Trivedi, PP
                               Mr. HR Rawal



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

25/04/2022

     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 Bar that a compromise has been arrived at

between the parties after the judgment dated 24.03.2022 passed

by the appellate court, whereby the judgment dated 11.12.2019

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-335/2022]



                                   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 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       11.12.2019           passed    by   learned

                                   Metropolitan Magistrate, Jodhpur Metropolitan in Criminal Original

                                   Case No.169/2019 (N.I. Act Cases) as affirmed by judgment dated

                                   24.03.2022 passed by learned Additional Sessions Judge No.4,

                                   Jodhpur Metropolitan in Criminal Appeal No.10/2020, 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.

164-Sudheer/-

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