Sanwarlal vs State Of Rajasthan
2022 Latest Caselaw 11152 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
           S.B. Criminal Revision Petition No. 1046/2022

Sanwarlal S/o Gopal, Aged About 52 Years, R/o Behind The
Sardar Patel School, Pooja Dairy Farm, K.k. Colony Basni,
District Jodhpur.
                                                                       ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through Pp
2.      Girdhari Lal Soni S/o Late Mewaram Soni, R/o C-2Nd-42,
        Kamla Nehru Nagar, Jodhpur, District Jodhpur.
                                                                   ----Respondents


For Petitioner(s)           :    Ms. Shobha Prabhakar
For Respondent(s)           :    Mr. Arun Kumar, PP
                                 Mr. Deen Dayal Purohit
                                 Ms. Dimple Changani



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

07/09/2022

     Learned counsel for the petitioner submits that he shall file

an   application    under       Section    5    of    the        Limitation   Act   for

condonation of delay in filing the petition during the course of day.

     Permission is granted.

     Thus, the delay in filing the petition is condoned.

     Since a compromise has been arrived at between the parties,

thus, with the consent of learned counsel for the parties, the

matter has been finally heard.

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

between the parties after the judgment dated 22.10.2021 passed

by the appellate court, whereby the judgment dated 24.12.2019

passed by the trial has been affirmed.


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     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].

     Having considered the facts and circumstances of the case,

since the parties have settled the dispute and complainant

respondent No.2 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. However, as 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 Deputy Secretary, 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 24.12.2019 passed by learned Special

Metropolitan   Magistrate         (N.I.      Act     Cases)       No.2,      Jodhpur

Metropolitan   in   Criminal      Case       No.88/2017          as    affirmed    by

judgment dated 22.10.2021 passed by learned Additional Sessions

Judge No.5, Jodhpur Metropolitan in Criminal Appeal No.62/2020

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                                   (NCV No.62/2020), 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.

196-Sudheer/-

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