Vineeta Navlakha W/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 5888 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Criminal Revision Petition No. 1301/2022

Vineeta Navlakha W/o Shri Bhanwarlal Navalkha, Aged About 51
Years, R/o Plot No. A/131, N Nityanand Nagar, Queens Road,
Vaishali Nagar, Jaipur
                                                                  ----Petitioner
                                   Versus


1.     State Of Rajasthan, Through P.p
2.     Satyendra Yadav S/o Late Shri Shivpujan Yadav, R/o Plot
       No. 190B, Moti Nagar, Road No. 6A, Queens Road,
       Vaishali Nagar, Jaipur.


                                                                ----Respondents

For Petitioner(s) : Mr. Vikram Singh Panwar, Adv.

Mr. Martand Pratap Singh, Adv.

For Respondent(s) : Mr. Imran Khan, P.P.

Mr. Rajendra Singh Tanwar, for the complainant

HON'BLE MR. JUSTICE KULDEEP MATHUR Order

25/08/2022

The parties are present in court and they are identified by

their respective counsels. It is stated at Bar that a compromise

has been arrived at between the parties after the judgment dated

28.07.2022 passed by the learned Additional Sessions Judge,

No.6, Jaipur Metropolitan- Ist whereby the judgment dated

08.08.2019 passed by the Special Metrpolitan Magistrate (N.I. Act

Cases), No.13, Jaipur Metropolitan was affirmed.

(2 of 3) [CRLR-1301/2022]

The complainant has filed a compromise dated 04.08.2022

stating that in view of the compromise, 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 had

accepted the sum towards the 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 of NI Act is liable to be set aside.

However, as compromise has been arrived at after rejection of the

appeal preferred by the petitioner, in the peculiar facts of the case

and looking at the cheque amount involved, a cost of Rs.5,000/-

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 Rs.5,000/- with the Deputy Secretary, Rajasthan State

Legal Services Authority, Jaipur within a period of two weeks from

today.

The conviction and sentence of imprisonment awarded to the

petitioner for offence under Section 138 of Negotiable Instruments

Act, vide judgment dated 08.08.2019 passed by the Special

Metrpolitan Magistrate (N.I. Act Cases), No.13, Jaipur Metropolitan

as affirmed by the judgment dated 28.07.2022 passed by the

learned Additional Sessions Judge, No.6, Jaipur Metropolitan in

(3 of 3) [CRLR-1301/2022]

criminal appeal No.17/2019 is hereby set aside on the basis of the

aforesaid compromise.

This revision petition is disposed of accordingly.

(KULDEEP MATHUR),J

14 - RAVI KHANDELWAL

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