Gyan Prakash vs State Of Rajasthan
2022 Latest Caselaw 7506 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 493/2022

Gyan Prakash S/o Sh. Amichand Khatod, Aged About 55 Years,
R/o Plot No. 77, Vikas Nagar Near Chahal Chauk Dist. Sri
Ganganagar.
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Pp
2.     Shiv Shankar S/o Kashi Ram, Plot No. 7, Gali No. 1,
       Nehra Nagar, Dist. Sri Ganganagar (Raj.).
                                                                ----Respondents


For Petitioner(s)        :     Mr. Tanwar Singh Rathore
For Respondent(s)        :     Mr. AR Choudhary, PP
                               Mr. Durgesh Khatri



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

19/05/2022
     Heard.

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

between the parties after the judgment dated 11.04.2022 passed

by appellate court whereby the judgment dated 18.12.2017

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.

     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



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                                   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 18.12.2017 passed by learned Special

                                   Judicial Magistrate (NI Act Cases) No.2, Sri Ganganagar in

                                   Criminal Original Case No.243/2016                 as affirmed by judgment

                                   dated 11.04.2022 passed by learned Additional Sessions Judge

                                   No.1, Sri Ganganagar in Criminal Appeal No.07/2018 (CIS

                                   No.14/2018) 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.

173-Sanjay/-

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