Leela Devi vs State Of Rajasthan
2022 Latest Caselaw 3283 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
         S.B. Criminal Revision Petition No. 855/2020

Leela Devi W/o Navratan Mal Ji Soni, Aged About 62 Years, R/o
Chandrashekhar Azad Nagar, Near Dairy, P.s. Pratap Nagar,
Bhilwara.
                                                    ----Petitioner
                             Versus
1.     State Of Rajasthan, Through Pp
2.     Pankaj Kumar S/o Ramgopal Chhipa, R/o Sadar Bazar,
       Swaroopganj, Bhilwara, P.s. Hamirgarh, Tehsil And District
       Bhilwara.
                                                ----Respondents


For Petitioner(s)        :     Mr. Anil Kaviraj
For Respondent(s)        :     Mr. NS Bhati, PP
                               Mr. Kalu Ram Bhati



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

03/03/2022
     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 01.02.2019 passed

by the appellate court whereby the judgment dated 04.02.2017

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

respondent No.2 had accepted the sum towards full and final

                    (Downloaded on 04/03/2022 at 08:27:16 PM)
                                                                            (2 of 2)                [CRLR-855/2020]


                                   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 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 04.02.2017 passed by the learned

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

                                   Criminal Case No.379/2016 as affirmed by judgment dated

                                   01.02.2019 passed by learned Additional Sessions Judge (Women

                                   Atrocities Cases), Bhilwara in Criminal Appeal No.17/2017, 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.

39-Sudheer/-

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