Dharmendra vs State Of Rajasthan ...
2023 Latest Caselaw 3983 Raj

[2023/RJJD/013200]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2184/2023

Dharmendra S/o Shri Om Prakash, Aged About 33 Years, B/c Mali, R/o Senik Nagar, Bhiyali Bera, Mandor, Tehsil And District Jodhpur.

----Petitioner Versus

1. State Of Rajasthan

2. Rajesh Gehlot S/o Late Shri Lumba Ram, B/c Mali, R/o Gehlot Agriculture Farm, Punjab Wala Bera, Rampura Mataniya, Osisa, District Jodhpur.

----Respondents

For Petitioner(s) : Mr.Mohan Ram, Adv. For Respondent(s) : Ms.Anita Gehlot, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

03/05/2023

The learned Chief Judicial Magistrate, Distt. Jodhpur

convicted and sentenced the petitioner for offence under Section

138 N.I. Act to undergo 2 years' simple imprisonment with a fine

of Rs.3,24,400/- vide judgment and order dt. 27.08.2019 with

default stipulation. Aggrieved by the said judgment, the petitioner

preferred an appeal before the court of District & Sessions Judge,

Jodhpur. During the pendency of the appeal, a compromise has

been arrived between the parties. In these circumstances, the

appellate court verified the compromise and also ordered to pay

15% of the cheque amount in view of the law laid down by

Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs.

Sayad Babulall H., reported in 2010(5) SCC 663.

[2023/RJJD/013200] (2 of 2) [CRLMP-2184/2023]

Learned counsel for the petitioner wants to withdraw the

present criminal misc. petition with liberty to file an appropriate

application before the appellate Court for waiving the condition of

depositing 15% of the cheque amount as the petitioner has

already paid the whole amount to the complainant.

Accordingly, the criminal misc. petition is dismissed as

withdrawn with liberty as prayed for. Stay application is also

dismissed.

(MANOJ KUMAR GARG),J 41-NK/-

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