Rajasthan High Court - Jodhpur
Nanak Ram vs Bhagwana Ram on 26 May, 2022
Bench: Pushpendra Singh Judge)
(1 of 2) [CRLR-222/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 222/2022
Nanak Ram S/o Sh. Gopal Ram, Aged About 42 Years, B/c
Kumhar, R/o 4 Z 1St, Ramdev Colony, Sadhuwali, Teh. And Dist.
Srigagnanagar (Raj.). (Presently Confined In Central Jail, Sri
Ganganagar).
----Petitioner
Versus
1. Bhagwana Ram S/o Sh. Ramswaroop, B/c Shakya, R/o
Sadhuwali, P.s. Jawahar Nagar, Teh. And Dist.
Sriganganagar.
2. State Of Rajasthan, Through Pp
----Respondents
For Petitioner(s) : Mr. Ram Chandra Bishnoi
For Respondent(s) : Mr. Pawan Bharti
Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/05/2022
The application (IA No.01/22) is disposed of.
It is stated at the Bar that a compromise has been arrived at
between the parties after the judgment dated 17.11.2021 passed
by the appellate court whereby the judgment dated 29.01.2018
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
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(2 of 2) [CRLR-222/2022]
respondent No.1 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 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 29.01.2018 passed by the learned
Special Judicial Magistrate (N.I. Act Cases) No.2, Sriganganagar in
Criminal Case No.1704/2016 as affirmed by judgment dated
17.11.2021 passed by learned Additional Sessions Judge No.2,
Sriganganagar in Criminal Appeal Case No.16/2018, is hereby set
aside on the basis of the aforesaid compromise. The order dated
06.05.2022 passed by this Court is recalled.
The revision petition is disposed of accordingly. All pending
applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
122-Zeeshan
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