Rajasthan High Court - Jodhpur
Rajveer Singh vs State Of Rajasthan on 11 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 2) [CRLR-448/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 448/2022
Rajveer Singh S/o Shri Laxman Singh Rathore, Aged About 27
Years, B/c Rajput, R/o House No. 305-A, Ramdev Nagar, Sajjan-
Leela, Ramzan Ji Ka Hatha, Banar Road, Jodhpur, District
Jodhpur Metro.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Gulab Singh Rathore S/o Shri Ram Singh Rathore, B/c
Rajput, R/o Plot No. 25, Vishnu Laxmi Nagar, Gulab Nagar
-C, Opp Rto Office, Jodhpur, District Jodhpur Metro.
----Respondents
For Petitioner(s) : Mr. SK Verma
For Respondent(s) : Mr. SK Bhati, PP
Mr. Surendra Singh Rathore
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/05/2022
It is stated at Bar that a compromise has been arrived at
between the parties after the judgment dated 22.09.2021 passed
by the appellate court, whereby the judgment dated 28.01.2020
passed by the trial 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
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(2 of 2) [CRLR-448/2022]
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 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 28.01.2020 passed by learned
Metropolitan Magistrate No.9, Jodhpur Metro Criminal Original
Case No.991/2017 as affirmed by judgment dated 22.09.2021
passed by learned Additional Sessions Judge No.4, Jodhpur Metro
in Criminal Appeal No.136/2020, 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), J.
147-Sudheer/-
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