Mangi Lal vs State Of Rajasthan
2022 Latest Caselaw 9929 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 881/2022

Mangi    Lal   S/o   Parthaji     Bhil,     Aged      About      58    Years,   R/o
Khokharwas, Police Station - Vallabhnagar, Tehsil Vallabhnagar,
District Udaipur (Rajasthan) (Lodged At Central Jail Udaipur)
                                                                      ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through Pp
2.      Bheru Lal S/o Tulsi Ram, Aged About 42 Years, R/o Saray
        Magri, Police Station - Vallabnagar, Tehsil Vallabnagar,
        District Udaipur (Rajasthan)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Rajender Singh Rathore
For Respondent(s)         :     Mr. Arun Kumar, PP
                                Ms. Varsha Purohit



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

28/07/2022

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

between the parties after the judgment dated 21.09.2021 passed

by the appellate court whereby the judgment dated 29.01.2017

passed by the trial court has been affirmed.

     It is borne out that the complainant-respondent 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



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                                                                                   (2 of 2)                      [CRLR-881/2022]


                                   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 29.01.2017 passed by learned Additional

                                   Chief    Judicial        Magistrate,      Vallabhnagar,          District,    Udaipur    in

                                   Criminal     Regular        Case     No.345/2013            (CIS       No.574/2014)      as

                                   affirmed by judgment dated 21.09.2021 passed by learned

                                   Additional Sessions Judge No.1, Udaipur in Criminal Appeal CIS

                                   No.54/2018, 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.

179-/Jitender/nirmala

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