Davji vs State Of Rajasthan
2022 Latest Caselaw 12350 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
          S.B. Criminal Revision Petition No. 1263/2022

Davji S/o Daleya Dabi, Aged About 45 Years, B/c Bhil, R/o
Dangal Post Dangal, Teh. Ghatol, Dist. Banswara. (Accused
Lodge At Dist. Jail Banswara).
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      Dilip Kumar S/o Karulal Modasiya, B/c Jain, R/o Narwali,
        Teh. Ghatol, Dist. Banswara.
                                                                ----Respondents


For Petitioner(s)        :     Mr. Parikshit Nayak
For Respondent(s)        :     Mr. Shravan Vishnoi, PP
                               Mr. Ravindra Paliwal



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

17/10/2022

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

between the parties after the judgment dated 23.10.2021 passed

by the appellate court whereby the judgment dated 28.2.2020

passed by the trial court has been affirmed. Thus, as per learned

counsel for the parties, the complainant-respondent is not inclined

to proceed further in the matter.

     Learned counsel for the parties have placed reliance on a

decision of the Hon'ble 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

and the fact that the parties have settled the dispute and the

complainant-respondent had accepted the sum towards full and

final settlement of the cheque, on the satisfaction of the


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                                   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 the 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 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 28.2.2020 passed by learned Addl. Chief

                                   Judicial Magistrate, Ghatol Banswara in Regular Case No.671/2015

                                   as affirmed by judgment dated 23.10.2021 passed by learned

                                   Session Judge, Banswara in Criminal Appeal No.31/2020 CIS No.

                                   31/2020, is hereby quashed and set aside, in view of compromise

                                   between the parties.

                                         The revision petition is disposed of accordingly. All pending

                                   applications also stand disposed of.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

ns. 126-/-

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