Hemant Jain vs Rajendra Kumar
2022 Latest Caselaw 7654 Raj

                                        (1 of 2)                  [CRLR-491/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
            S.B. Criminal Revision Petition No. 491/2022

Hemant Jain S/o Panna Lal Jain, Aged About 42 Years, Hazi
Mohalla Maszid Ke Pass Bagidora Police Thana Kalinzara Dist.
Banswara.
                                                                  ----Petitioner
                                   Versus
Rajendra Kumar S/o Manak Lal Chndaliya, Kushalgarh P.s.
Kushalgarh Banswara.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Jitendra Ojha
For Respondent(s)        :     Mr. Bhawani Singh Ransi



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

23/05/2022

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

between the parties after the judgment dated 25.02.2022 passed

by the appellate court whereby the judgment dated 14.10.2017

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 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

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                                                                            (2 of 2)                [CRLR-491/2022]


                                   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 14.10.2017 passed by the learned ACJM

                                   Kushalgarh in Criminal Original Case No.813/2015 as affirmed by

                                   judgment dated 25.02.2022 passed by learned Additional Sessions

                                   Judge, Banswara in Criminal Appeal No.54/17 (CIS No.54/17), 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.

16-Sudheer/-

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