Jagdish vs Santosh Banjara
2022 Latest Caselaw 13476 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Revision Petition No. 45/2022

Jagdish S/o Shri Kashiram Vaishnav, Aged About 65 Years, R/o
Pawatiya, Tehsil And District Chittorgarh, Rajasthan. (Presently
Lodged At District Jail, Chittorgarh)
                                                                     ----Petitioner
                                     Versus
Santosh Banjara D/o Shri Durga Lal Banjara Rao, R/o Manasa,
Presently R/o Police Station Chenderiya, Tehsil And District
Chittorgarh, Rajasthan.
                                                                   ----Respondent


For Petitioner(s)          :      Mr. Zafar Khan
For Respondent(s)          :      Mr. M.S. Bhati, PP
                                  Mr. Saurabh Soni



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

17/11/2022
     Counsel for the petitioner submits that the petitioner is a

poor person and due to extreme poverty he could not make any

kind of payment, thus, is in custody for last six months.

     It is further stated at Bar that a compromise has been

arrived   at    between     the    parties       after     the    judgment   dated

05.01.2021 passed by appellate court, whereby the judgment

dated 23.07.2018 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].



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                                                                              (2 of 2)              [CRLR-45/2022]


                                         Having considered the facts and circumstances of the case,

                                   since the parties have settled the dispute and complainant               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.

                                         The conviction and sentence of imprisonment awarded to the

                                   petitioner for offence under Section 138 Negotiable Instruments

                                   Act, vide judgment dated 23.07.2018 passed by learned Additional

                                   Chief Judicial Magistrate No.1, Chittorgarh in Criminal Original

                                   Case No.1076/2016; as affirmed by judgment dated 05.01.2021

                                   passed by learned Additional Sessions Judge No.2, Chittorgarh in

                                   Criminal Appeal No.14/2019 (123/2018) (CIS No.165/2018) 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.

384-Sanjay/-

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