Rajasthan High Court - Jodhpur
Rawal Chand Soni vs State Of Rajasthan on 27 January, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1087/2021
Rawal Chand Soni S/o Sh. Rama Kishan, Aged About 52 Years,
R/o Jalwala Bass, Sunaron Ka Bass, Marwar Mathania, Tehsil
Osiyan, District Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Dinesh Chandra Sharma S/o Sh. Laxminaryan, Aged
About 36 Years, R/o Tinwari Road, Mathania, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Devendra Sanwalot, through VC
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Deepak Korpal, for complainant
through VC
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
27/01/2022
This revision petition has been filed against the judgment
dated 03.09.2021 passed by the learned Additional District &
Sessions Judge No.7, Jodhpur Metropolitan, whereby the appeal of
the petitioner has been dismissed and the judgment dated
20.06.2017 passed by the learned Special Metropolitan Magistrate
(N. I. Act Cases) No.2, Jodhpur Metropolitan for the offence under
Section 138 N.I. Act has been affirmed and the petitioner
sentenced to undergo six month's simple imprisonment along with
fine in the sum of Rs. 60,000/-.
Counsel for the petitioner submits that during the pendency
of the revision petition, the petitioner and complainant-respondent
No.2 have entered into a compromise in the spirit of Lok Adalat
(2 of 3) [CRLR-1087/2021]
and the respondent No.2 has received all the amount from the
petitioner and does not want to proceed in the matter. The photo-
stat copy of the compromise dated 21.1.2022 has been passed
over to this Court during the course of argument, which shall be
formed part of the record. It is stated that since that parties have
entered into compromise and amicably settled their dispute,
therefore, the sentence of imprisonment awarded to the petitioner
may be set aside.
Counsel for the respondent No.2 concurs the fact of
compromise dated 21.01.2022 arrived between the parties.
Having considered the facts and circumstances of the case,
since the parties have settled the dispute and complainant
respondent No.2 has accepted the sum towards full and final
settlement of dispute 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. reported in 2010 (5) SCC 663,
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 conviction and sentence of imprisonment
awarded to the petitioner for offence under Section 138 NI Act
vide judgment dated 20.06.2017 and 03.09.2021 are hereby set
aside on the basis of the aforesaid compromise subject to
deposition of cost of 10% of the cheque amount. The cost shall be
(3 of 3) [CRLR-1087/2021]
deposited by the petitioner with the Rajasthan State Legal
Services Authority, Jodhpur within a period of four weeks from
today. In case the cost is not deposited by the petitioner within
the stipulated period, the revision petition may be listed before
this Court for passing appropriate orders.
The revision petition is disposed of.
Application for suspension of sentence as well as application
for taking compromise on record are also disposed of accordingly.
(VINOD KUMAR BHARWANI),J
8-Arti/-
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