Amrit Lal @ Munna Lal vs State Of Rajasthan
2022 Latest Caselaw 11237 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
          S.B. Criminal Revision Petition No. 1052/2022

Amrit Lal @ Munna Lal S/o Bhanwar Lal Chhajer, Aged About 45
Years, B/c Jain, R/o Bhattado Ka Bas, Tinvari, Tehsil Osian,
District Jodhpur. (At Present Lodged In Central Jail, Jodhpur)
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      Prakash Chand S/o Shri Roop Chand, B/c Jain, R/o
        Bhattado Ka Bas, Tinvari, Tehsil Osian, District Jodhpur.
                                                                ----Respondents


For Petitioner(s)        :     Mr. C.S. Rajpurohit
For Respondent(s)        :     Mr. Arun Kumar, PP
                               Mr. Uttam Singh Rajpurohit



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

08/09/2022

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

between the parties after the judgment dated 06.11.2019 passed

by the learned appellate court whereby the judgment dated

05.09.2018 passed by the learned trial court has been affirmed.

     It is borne out that the complainant-respondent No.2 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


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                                                                           (2 of 2)                    [CRLR-1052/2022]


                                   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 05.09.2018 passed by learned Special

                                   Metropolitan    Magistrate       (N.I.      Act     Cases)      No.4,     Jodhpur

                                   Metropolitan in Regular Criminal Case No.41/2016 as affirmed by

                                   judgment dated 06.11.2019 passed by learned Additional Sessions

                                   Judge   No.4,   Jodhpur      Metropolitan          in   Criminal     Appeal    No.

                                   412/2018, is hereby quashed and 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.

228-Zeeshan

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