Rajasthan High Court - Jodhpur
Kalu Lal vs State Of Rajasthan (2023:Rj-Jd:43272) on 12 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:43272]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1639/2023
1. Kalu Lal S/o Late Shri Heeralal Ji Khatik, Aged About 51
Years, R/o Sukhdevi Nagar Bedla, Mataji Road,
Udaipur,raj. (Presently Lodged In Dist. Jail, Udaipur)
2. Sumitra W/o Shri Kalu Lal Khatik, Aged About 41 Years,
R/o Sukhdevi Nagar Bedla, Mataji Road, Udaipur,raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Hemant Kumar S/o Shri Daya Lal Ji Khatik, R/o House No.
281, Sukhdevi Nagar Bedla, Udaipur,raj.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Rajpurohit
For Respondent(s) : Mr. Mukesh Trivedi, PP
Mr. Ramdev Rajpurohit
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/12/2023
The instant revision petition has been filed against the order
and judgment dated 19.09.2023 passed by the learned Special
Judge, SC/ST (Prevention of Atrocities) Cases Court, Udaipur in Cr.
Appeal No.141/2023 (CIS No.141/2023) whereby the learned Judge
dismissed the appeal filed by the petitioners and affirmed the
judgment dated 10.01.2022 passed by the learned Special Judicial
Magistrate (NI Act Cases) Court No.6, Udaipur in Cr. Case
No.825/2018 (CIS No.3813/2016) whereby the learned trial court
convicted the petitioners for offence under Section 138 N.I. Act and
sentenced them to undergon one year's simple imprisonment along
[2023:RJ-JD:43272] (2 of 3) [CRLR-1639/2023]
with fine in the sum of Rs.3,85,000/- and in default of payment of
fine, to further undergo two months' S.I.
Counsel for the petitioners submits that the petitioners 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 petitioners and does not want to proceed in the
matter, therefore the sentence of imprisonment awarded to the
petitioners may be set aside. A copy of the compromise dated
02.12.2023 is annexed with the file.
Counsel for the respondent No.2 concurs with the facts stated
by the counsel for the petitioners.
Heard the counsel for the parties and perused the compromise
dated 02.12.2023.
Having considered the facts and circumstances of the case,
since the parties have settled their 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 petitioners 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
petitioners, a cost of 15% of the cheque amount deserves to be
imposed upon the petitioners in the light of the decision rendered
by the Hon'ble Apex court in the case of Damodar S. Prabhu
(Supra).
[2023:RJ-JD:43272] (3 of 3) [CRLR-1639/2023]
Accordingly, the conviction and sentence of imprisonment
awarded to the petitioners for offence under Section 138 NI Act vide
judgments dated 10.01.2022 and 19.09.2023 are 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 petitioners with the Rajasthan State Legal Services Authority,
Jodhpur within a period of four weeks from today. In case the cost
is not deposited by the petitioners within the stipulated period, the
revision petition may be listed before this Court for passing
appropriate orders.
The petitioner No.1 Kalu Lal is inside the jail. He may be
released forthwith, if not required in any other case.
Hence, the instant criminal revision petition is disposed of.
Application for suspension of sentence is also decided accordingly.
(MANOJ KUMAR GARG),J
279-MS/-
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