Giriraj Bidla vs State Of Rajasthan
2022 Latest Caselaw 9306 Raj

                                        (1 of 2)                   [CRLR-820/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 820/2022

Giriraj Bidla S/o Ruplal Bidla, Aged About 48 Years, Mandal, P.s.
Mandal, Dist. Bhilwara. (Presently Lodged In Dist. Jail, Bhilwara).
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      Ramesh Chandra Bidla S/o Jeetmal Bidla, Mandal, P.s.
        Mandal, Dist. Bhilwara.
                                                                ----Respondents


For Petitioner(s)        :     Mr. NK Gurajar
For Respondent(s)        :     Mr. Gaurav Singh, PP
                               Mr. Ashok Khilery



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

18/07/2022

     With the consent of learned counsel for the parties, the

defect pointed out by the office is overruled.

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

between the parties after the judgment dated 17.12.2019 passed

by the appellate court, whereby the judgment dated 06.10.2016

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


                    (Downloaded on 20/07/2022 at 08:40:40 PM)
                                                                            (2 of 2)                [CRLR-820/2022]



                                   respondent No.2 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. 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 06.10.2016 passed by learned Judicial

                                   Magistrate, Mandal in Criminal Case No.259/2011 as affirmed by

                                   judgment dated 17.12.2019 passed by learned Special Judge

                                   SC/ST Cases, District Bhilwara in Criminal Appeal No.41/2019

                                   (48/16), 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.

179-Sudheer/-

Powered by TCPDF (www.tcpdf.org)