Rajasthan High Court - Jodhpur
Babu Ram vs State Of Rajasthan on 27 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 298/2022
Babu Ram S/o Amra Ram Bheel, Aged About 53 Years, R/o
Bheelo Ki Dhani, Ujala, Tehsil Pokran, At Present Senior Ldc
Amar Shahid Sagarmal Gopa, Government Higher Secondary
School, Jaisalmer.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Manoj Kumar S/o Parmanand Bhatiya, R/o Bhatiya Pada,
Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Rajesh Kumar
For Respondent(s) : Mr. Arun Kumar, PP
Mr. Anil Gupta
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/04/2022
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 28.03.2022 passed
by appellate court, whereby the judgment dated 14.08.2019
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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(2 of 3) [CRLR-298/2022]
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.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 14.08.2019 passed by learned Judicial
Magistrate, Jaisalmeer in Criminal Original Case No.185/2014 as
affirmed by judgment dated 28.03.2022 passed by learned District
& Sessions Judge, Jaisalmer in Criminal Appeal No.35/2019 are
hereby set aside on the basis of the aforesaid compromise.
The revision petition is disposed of accordingly.
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(3 of 3) [CRLR-298/2022]
Stay petition also stands disposed of.
Note:- The amount deposited before the trial court shall be
released to respondent no.2 immediately.
(DR.PUSHPENDRA SINGH BHATI), J.
104-nirmala/Sanjay-
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