Aanand Vaishnav vs State Of Rajasthan
2022 Latest Caselaw 8102 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3392/2022

Aanand Vaishnav S/o Mohandas, Aged About 49 Years, Hanuman Colony, Near Krishi Mandi Circle, Main Mandor Road, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Shubhash S/o Paburam, 44, Street No. 04, Gandhi Nagar Second 80 Feet Road, Mata Ka Than, Magra Punjla, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Arpit Samariya For Respondent(s) : Mr. Mukesh Trivedi, PP Mr. Natvar Lal Meghwal

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI (VACATION JUDGE)

Order

01/06/2022 It is stated at Bar that a compromise has been arrived at

between the parties after the judgment dated 02.09.2021 passed

by appellate court, whereby the judgment dated 04.01.2020

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,

(2 of 2) [CRLMP-3392/2022]

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 04.01.2020 passed by learned Special

Metropolitan Magistrate (N.I. Act cases) No.5, Jodhpur Metropolian

in Criminal Original Case No.1161/2018 as affirmed by judgment

dated 02.09.2021 passed by learned Additional Sessions Judge

No.4, Jodhpur Metropolitan in Criminal Appeal No.85/2020 (NCV

No.85/2020) are hereby set aside on the basis of the aforesaid

compromise.

The misc. petition is disposed of accordingly.

Stay petition also stands disposed of.

(DR.PUSHPENDRA SINGH BHATI), VJ 259-Sanjay/Ishan/-

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