Mangi Lal vs State And Anr
2022 Latest Caselaw 9525 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
          S.B. Criminal Revision Petition No. 1071/2017

Mangi Lal S/o Toli Ram Heerawat, Aged About 59 Years, R/o
Kharsan, Tehsil Vallabhnagar, District Udaipur. (At present lodged
in Central Jail, Udaipur).
                                                                   ----Petitioner
                                   Versus
1. State, Through P.p.
2.   Prahlad   Menariya      S/o     Devi      Lal,     R/o     Kharsan,   Tehsil
Vallabhnagar, District Udaipur.
                                                                 ----Respondent


For Petitioner(s)        :     Mr. Ravindra Paliwal
For Respondent(s)        :     Mr. Gaurav Singh, PP
                               Mr. Naresh Khatri



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

21/07/2022

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

between the parties after the judgment dated 22.04.2017 passed

by the appellate court whereby the judgment dated 11.01.2016

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.

     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 No.2 had accepted the sum towards full and final

settlement of the cheque, on the satisfaction of the complainant

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                                                                      (2 of 2)



                                   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. (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 11.01.2016 passed by the learned

                                   Additional Chief Judicial Magistrate, Vallabhnagar, District Udaipur

                                   in Criminal Case No.27/08 as affirmed by judgment dated

                                   22.04.2017 passed by learned Additional Sessions Judge No.2,

                                   Udaipur in Appeal No.17/2016, is hereby set aside on the basis of

                                   the aforesaid compromise.

                                         Accordingly, the present revision petition is disposed of. All

                                   pending applications stand disposed of.



                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

C-1-Jitender/nirmala

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