Shankar Lal Vaishnav vs State Of Rajasthan
2022 Latest Caselaw 4707 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 135/2022

Shankar Lal Vaishnav S/o Sh. Madan Lal Vaishnav, Aged About
35 Years, Near Vivekanand School, Malolaroad, Gayatri Nagar,
Bhilwara (Raj.). Proprietor Of M/s Balaji Kon Rewinding, Main Pur
Road, Near Biliya Alcohol Shop, Dist. Bhilwara (Raj.).
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      Smt. Munna Kanwar W/o Mithu Singh Rajput, Baba
        Ramdev Gali, Near Ajay Grocery Store, Chaprasi Colony,
        P.s. Pratapnagar, Teh. And Dist. Bhilwara (Raj.).
                                                                ----Respondents


For Petitioner(s)          :   Mr. NK Gurjar
For Respondent(s)          :   Mr. N.S. Bhati, PP
                               Mr. Ram Singh Rawal



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

29/03/2022
     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.

     The matter comes up on an application (inward no.01/2022)

under Section 5 of the Limitation Act for condonation of delay.

     For the reasons mentioned in the application, the same is

allowed and the delay in filing the petition is condoned.

     With the consent of learned counsel for the parties, the

matter is finally heard.




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

between the parties after the judgment dated 20.11.2019 passed

by the appellate court whereby the judgment dated 07.12.2016

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

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 07.12.2016 passed by the learned

Special Judicial Magistrate (N.I. Act) Cases No.1, Bhilwara in

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                                   Regular    Case   No.17/2015        as    affirmed        by    judgment   dated

                                   20.11.2019 passed by learned Additional Sessions Judge No.2,

                                   Bhilwara in Criminal Appeal No.215/2019, 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.

55-Sudheer/-

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