Rajasthan High Court - Jodhpur
Sher Mohammad vs State Of Rajasthan on 29 September, 2022
Bench: Pushpendra Singh Bhati
(1 of 2) [CRLR-1189/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1189/2022
Sher Mohammad S/o Fatah Mohammad, Aged About 41 Years,
R/o B-26 Municipal Colony (Near Head Post Office) Chittorgarh
Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Pushpendra Kothari S/o Rajendra Singh Kothari, R/o
Pratapnagar Chittorgarh Raj.
----Respondents
For Petitioner(s) : Mr. Mahaveer Singh
For Respondent(s) : Mr. Arun Kumar, PP
Mr. Surendra Bhagmalani
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/09/2022
For the reasons mentioned in the application filed under
Section 5 of the Limitation Act, the same is hereby allowed.
It is stated at the Bar that a compromise has been arrived at
between the parties after the judgment dated 14.11.2019 passed
by the appellate court whereby the judgment dated 10.09.2018
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
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(2 of 2) [CRLR-1189/2022]
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
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 10.09.2018 passed by learned Addl.
Chief Judicial Magistrate No. 1, Chittorgarh in Regular Criminal
Case No. 144/2016 (507/2016) as affirmed by judgment dated
14.11.2019 passed by learned Addl. Session Judge No. 3,
Chittorgarh in Criminal Appeal No.155/2018, 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.
214-suraj/-
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