Om Prakash vs Rameshchandra
2022 Latest Caselaw 8528 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 679/2022

Om Prakash S/o Gulabchand Jat, Aged About 41 Years, Karju,
Teh. Chhotisadri, Dist. Pratapgarh.
                                                                   ----Petitioner
                                    Versus
Rameshchandra S/o Moti Lal Sharma, Badisadri, Teh. Badisadri,
Dist. Chittorgarh.
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Manish Pitaliya
For Respondent(s)         :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

01/07/2022

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

between the parties after the judgment dated 10.03.2022 passed

by the appellate court whereby the judgment dated 18.11.2016

passed by the trial has been affirmed.

     It is borne out 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 the Hon'ble Apex Court in the case of Damodar S.


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                                                                            (2 of 2)                [CRLR-679/2022]


                                   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, 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 petitioner is directed to deposit 15% of the

                                   cheque amount with the 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 18.11.2016 passed by learned Additional

                                   Chief Judicial Magistrate Badi Sadri, District Chittorgarh in Regular

                                   Criminal Case No.380/2012 (26/2006) as affirmed by judgment

                                   dated 10.03.2022 passed by learned Additional Sessions Judge

                                   No.1, Nimbahera Camp Badi Sadri, District Chittorgarh in Criminal

                                   Appeal Case No.51/2016, is hereby set aside on the basis of the

                                   aforesaid compromise.

                                        The revision petition is disposed of accordingly. All pending

                                   applications also stand disposed of.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

38-Zeeshan

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