Palvinder Singh vs State Of Rajasthan
2022 Latest Caselaw 9647 Raj

                                        (1 of 2)                   [CRLR-997/2021]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 997/2021

Palvinder Singh S/o Sh. Kuldeep Singh, Aged About 32 Years, B/
c Majahabi Sikh, R/o Chak 8 L.l., Dakakhana 5 L.l., Teh. And
Dist. Sri Ganganagar (Raj.).
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      Sushil Kumar Goyal S/o Sh. Moolchand Goyal, Aged About
        52 Years, B/c Agarwal, R/o 2-D-21, Jawahar Nagar, Teh.
        And Dist. Sriganganagar (Raj.).
                                                                ----Respondents


For Petitioner(s)        :     Mr. Himmat Jagga
For Respondent(s)        :     Mr. Gaurav Singh, PP
                               Mr. Bhoop Singh Choudhary



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

25/07/2022

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

between the parties after the judgment dated 27.03.2019 passed

by the appellate court whereby the judgment dated 24.01.2019

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.

     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

                    (Downloaded on 27/07/2022 at 08:47:25 PM)
                                                                            (2 of 2)                [CRLR-997/2021]



                                   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. 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 24.01.2019 passed by the learned

                                   Special Judicial Magistrate (N.I. Act Cases) No.2, Sriganganagar,

                                   in Criminal Regular Case No.260/2016 (CIS No.899/2016) as

                                   affirmed by judgment dated 27.03.2019 passed by learned

                                   Sessions Judge, Sriganganagar in Appeal No.25/2019, 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.

20-Sudheer/-

Powered by TCPDF (www.tcpdf.org)