Mangilal vs Mahipal Singh
2022 Latest Caselaw 8518 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 666/2022

Mangilal S/o Kalu Katara, Aged About 54 Years, R/o Shobhavati
Post Choti Sarawan Tehsil Kushalgarh Dist. Banswara Raj.
                                                                  ----Petitioner
                                   Versus
Mahipal Singh S/o Prathvi Singh, R/o Vil. Bankoda Tehsil Aspur
Dist. Dungarpur Raj.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Gopal Singh Bhati
For Respondent(s)        :     Mr. Dasrath Singh Rathore



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

01/07/2022

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

between the parties after the judgment dated 03.06.2022 passed

by the appellate court, whereby the judgment dated 04.09.2019

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-

respondent 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.

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                                   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 04.09.2019 passed by learned Judicial

                                   Magistrate, Aspur, District Dungarpur in Criminal Regular Case

                                   No.44/2016 as affirmed by judgment dated 03.06.2022 passed by

                                   learned Additional Sessions Judge, Sagwada, District Dungarpur

                                   in Criminal Appeal No.35/2019, 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.

71-Sudheer/-

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