Rajasthan High Court - Jodhpur
Satya Prakash vs Bhagchand on 2 March, 2022
Bench: Pushpendra Singh Bhati
(1 of 2) [CRLR-253/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 253/2020
Satya Prakash S/o Mohan Lal Sharda (Maheshwari), Aged About
45 Years, House No. 65, Vardhman Colony, Bhilwara, Police
Station Subhashnagar, Bhilwara. (At The Present Lodged At
District Jail, Bhilwara).
----Petitioner
Versus
1. Bhagchand S/o Suwalal, R/o Rc Vyas Colony, Bhilwara.
2. State Of Rajasthan, Through P.p.
----Respondents
For Petitioner(s) : Dr. Sachin Acharya, Sr. Adv. assisted
by Mr. Rahul Rajpurohit
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Sanjay Nahar
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
It is stated at the Bar that a compromise has been arrived at
between the parties after the judgment dated 11.02.2020 passed
by the appellate court whereby the judgment dated 26.03.2014
passed by the trial has been affirmed. It is borne out 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
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(2 of 2) [CRLR-253/2020]
respondent No.1 had accepted the sum towards full and final
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 26.03.2014 passed by the learned
Special Judicial Magistrate (N.I. Act) Cases No.1, Bhilwara in
Criminal Original Case No.1761/2012 as affirmed by judgment
dated 11.02.2020 passed by learned Special Judge, SC/ST
(Prevention of Atrocities) Cases, Bhilwara in Criminal Appeal
No.68/2019, 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.
96-Zeeshan
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