Sajan Kumar vs Vijay Kumar
2022 Latest Caselaw 8111 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 580/2022

Sajan Kumar S/o Ramchandra Ren, Aged About 47 Years, R/o 3- G M Gharu Minor, Manaksar, Tehsil Kolayat, Dist. Bikaner. (Raj.) (Presently Lodged In Central Jail, Bikaner)

----Petitioner Versus Vijay Kumar S/o Shri Gebriram, R/o Sriramsar, Bikaner.

----Respondent

For Petitioner(s) : Mr. Kaushal Gautam For Respondent(s) : Mr. A.R. Choudhary, PP Mr. Mohan Ram Choudhary

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

Order

03/06/2022

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

between the parties after the judgment dated 31.05.2022 passed

by appellate court, whereby the judgment dated 04.06.2018

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,

on the satisfaction of the complainant and in the light of provisions

(2 of 2) [CRLR-580/2022]

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 04.06.2018 passed by learned Special

Judicial Magistrate (N.I. Act cases) No.3, Bikaner in Criminal

Original Case No.1715/2015 as affirmed by judgment dated

31.05.2022 passed by learned Additional District & Sessions Judge

No.6, Bikaner in Criminal Appeal No.25/2020 (111/2018) (CIS

No.111/2018) 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), VJ 254-Sanjay/Ishan/-

Powered by TCPDF (www.tcpdf.org)