Suresh Vaswani vs Shri Mohanlal Gehlot
2022 Latest Caselaw 13877 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
          S.B. Criminal Revision Petition No. 1418/2022

Suresh Vaswani S/o Shri Tekchand Ji, Aged About 32 Years, R/o
Pusharthi Nagar Sindhi Colony Pali Raj. Presently In Dist. Jail Pali
                                                                   ----Petitioner
                                   Versus
1.      Shri Mohanlal Gehlot S/o Shri Dhalaram Ji, R/o 82 Mela
        Darwaja Old Bust Stand Pali Raj.
2.      State Of Rajasthan, Through Pp
                                                                ----Respondents


For Petitioner(s)         :    Mr. Rajendra Singh.
For Respondent(s)         :    Mr. Arun Kumar, PP.
                               Mr. Sharwan Choudhary.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

25/11/2022

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

between the parties after the judgment dated 15.11.2022 passed

by the appellate court whereby the judgment dated 19.04.2022

passed by the trial court has been affirmed.

     It is borne out that the complainant-respondent 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

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                                                                          (2 of 2)                 [CRLR-1418/2022]


                                   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 19.04.2022 passed by learned Special

                                   Judicial Magistrate, N.I. Act Cases No.1, Pali in Criminal Case

                                   No.107/2017 as affirmed by judgment dated 15.11.2022 passed

                                   by learned Sessions Judge, Pali in Criminal Appeal No.29/2022, 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.

14-/Jitender//-

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