Rajpat Soni vs State Of Rajasthan
2022 Latest Caselaw 7411 Raj

                                        (1 of 2)                   [CRLR-301/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
            S.B. Criminal Revision Petition No. 301/2022

Rajpat Soni S/o Shri Madan Lal Soni, Aged About 45 Years, B/c
Soni, R/o Near Jat Hostel, Near Car Fashion, Tilak Nagar, Bikaner
(Raj.)
                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Pp
2.       Hari Kishan Soni S/o Shri Bhagwan Ram Soni, Aged About
         42 Years, R/o Behind Dudi Petrol Pump, Bangla Nagar,
         Bikaner (Raj.)
                                                                ----Respondents


For Petitioner(s)         :    Mr. Vivek Sharma
For Respondent(s)         :    Mr. Javed Gauri, PP
                               Mr. Nishank Madhan



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

18/05/2022

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

between the parties after the judgment dated 24.03.2022 passed

by the appellate court whereby the judgment dated 03.04.2021

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

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                                                                           (2 of 2)                [CRLR-301/2022]


                                   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 03.04.2021 passed by the learned

                                   Special Judicial Magistrate (N.I. Act Cases) No.3, Bikaner in

                                   Regular Criminal Case No.1817/2015 as affirmed by judgment

                                   dated 24.03.2022 passed by learned Additional Sessions Judge

                                   No.7, Bikaner in Criminal Appeal Case No.07/2021, 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.

82-Zeeshan

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