Rajasthan High Court - Jodhpur
Shivlal vs State Of Rajasthan (2023:Rj-Jd:41332) on 1 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:41332]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1052/2023
Shivlal S/o Sh. Rama Ji Dangi, Aged About 42 Years, R/o Vill.
Dava, P.s. Vallabhnagar, Dist. Udaipur. (Presently Lodged In
Central Jail, Udaipur).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Sohan Lal S/o Sh. Shankar Ji Kir, R/o Kiro Ki Bhagal, P.s.
Vallabhnagar, Dist. Udaipur.
----Respondents
For Petitioner(s) : Mr. Bharat Shrimali
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG assisted
by Mr. Rajat Chhaparwal
Ms. Dolly Jaiswal
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/12/2023
The matter comes up on an application (1/2023) for deciding
the revision petition in the light of compromise arrived at between
the parties.
For reasons stated in the application, the application is
allowed. The compromise filed with the application is hereby taken
on record.
The matter is being decided today itself in the light of the
compromise.
This revision petition has been filed against the judgment
dated 20.09.2021 passed by the learned Addl. Sessions Judge
No.1, Udaipur, District Udaipur whereby the appeal of the
petitioner has been dismissed and the judgment dated 03.01.2018
[2023:RJ-JD:41332] (2 of 3) [CRLR-1052/2023]
passed by the learned Additional Chief Judicial Magistrate,
Vallabhnagar, District Udaipur for offence under Section 138 N.I.
Act has been affirmed and the petitioner sentenced to undergo
One year's simple imprisonment along with fine in the sum of
Rs.6,42,000/-.
Counsel for the petitioner submits that during the pendency
of the revision petition, the petitioner and complainant-respondent
No.2 have entered into a compromise in the spirit of Lok Adalat
and the respondent No.2 has received all the amount from the
petitioner and does not want to proceed in the matter. The original
copy of the compromise dated 25.10.2023 is already available on
record. It is stated that since the parties have entered into
compromise and amicably settled their dispute, therefore, the
sentence of imprisonment awarded to the petitioner may be set
aside.
Counsel for the respondent No.2 concurs the fact of
compromise dated 25.10.2023 arrived at between the parties.
Having considered the facts and circumstances of the case,
since the parties have settled the dispute and complainant
respondent No.2 has accepted the sum towards full and final
settlement of dispute 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. reported in 2010 (5) SCC 663, 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
[2023:RJ-JD:41332] (3 of 3) [CRLR-1052/2023]
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 conviction and sentence of imprisonment
awarded to the petitioner for offence under Section 138 NI Act
vide judgment dated 20.09.2021 and 03.01.2018 is hereby set
aside on the basis of the aforesaid compromise subject to
deposition of cost of 15% of the cheque amount. The cost shall be
deposited by the petitioner with the Rajasthan State Legal
Services Authority, Jodhpur within a period of two months from
today. In case the cost is not deposited by the petitioner within
the stipulated period, the revision petition may be listed before
this Court for passing appropriate orders.
The petitioner may be released forthwith, if not required in
any other case.
The revision petition is disposed of accordingly. Stay petition
also stands disposed of.
A copy of this order be sent to the office of Legal Services
Authority at Jodhpur.
(MANOJ KUMAR GARG),J
90-MS/-
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