Hemant Sharma vs State
2022 Latest Caselaw 8830 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
         S.B. Criminal Revision Petition No. 190/2020

Hemant Sharma S/o Shri Tej Shankar Sharma, Aged About 30
Years, 72, Madhuwan-I, Chittorgarh, Tehsil And District
Chittorgarh, Rajasthan. (Presently Lodged In District Jail,
Chittorgarh).
                                                  ----Petitioner
                           Versus
1.     State, Through P.p.
2.     Satyanarayan S/o Shambhu Lal Sharma, Plot No. 03,
       Bhandariya Road, Senti, Chittorgarh, Tehsil And District
       Chittorgarh.
                                              ----Respondents


For Petitioner(s)        :     Mr. Dinesh Kumar
For Respondent(s)        :     Mr. SS Rajpurohit, PP
                               Mr. Umesh Kant Vyas



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

06/07/2022
     Heard.

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

between the parties after the judgment dated 09.12.2019 passed

by appellate court, whereby the judgment dated 12.03.2019

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.

     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 full and final settlement of the cheque,


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                                                                               (2 of 2)                [CRLR-190/2020]


                                   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 12.03.2019 passed by learned Special

                                   Judicial Magistrate (NI Act Cases), Chittorgarh in Criminal Original

                                   Case No.903/2017 as affirmed by judgment dated 09.12.2019

                                   passed by learned Sessions Judge, Chittorgarh in Criminal Appeal

                                   No.58/2019 (76/2019) are hereby set aside on the basis of the

                                   aforesaid compromise.

                                         The revision petition is disposed of accordingly.

                                         Stay petition also stands disposed of.

                                         Application no.01/22 for early listing is also disposed of.



                                                                   (DR.PUSHPENDRA SINGH BHATI), J.

145-nirmala/Sanjay-

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