Rajasthan High Court - Jodhpur
Kailash Mali vs Daulat Singh on 7 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 441/2022
Kailash Mali S/o Shri Ambalal, Aged About 45 Years, B/c Hindu,
R/o 907, Road No. 01 Purohiton Ki Maandri Udaipur District
Udaipur (Rajasthan) (Presently Lodged At Central Jail, Udaipur
(Rajasthan))
----Petitioner
Versus
1. Daulat Singh S/o Shri Khumaan Singh Devra, B/c Hindu,
R/o Debari Ramdev Ji Ka Vara Tehsil Girva, District
Udaipur (Rajasthan)
2. State Of Rajasthan, Through Pp
----Respondents
For Petitioner(s) : Mr. Firoz Khan
For Respondent(s) : Mr. Abhishek Pareek
Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/05/2022
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 the Court, for the safety
of all concerned.
It is stated at Bar that a compromise has been arrived at
between the parties after the judgment dated 28.03.2022 passed
by appellate court, whereby the judgment dated 15.03.2018
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.
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(2 of 3) [CRLR-441/2022]
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
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 15.03.2018 passed by learned Special
Judicial Magistrate (N.I. Cases) No.2, Udaipur, District Udaipur in
Criminal Original Case No.881/2015; as affirmed by judgment
dated 28.03.2022 passed by learned Additional Sessions Judge
No.2, Udaipur in Criminal Appeal No.08/2018 (CIS No.129/2018)
are hereby set aside on the basis of the aforesaid compromise.
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(3 of 3) [CRLR-441/2022]
The revision petition is disposed of accordingly.
Stay petition also stands disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
156-Sanjay/-
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