Chandra Shekhar Batra vs State Of Rajasthan (2023:Rj-Jd:39918)
2023 Latest Caselaw 9944 Raj

Rajasthan High Court - Jodhpur

Chandra Shekhar Batra vs State Of Rajasthan (2023:Rj-Jd:39918) on 21 November, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:39918]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Revision Petition No. 84/2021

Chandra Shekhar Batra S/o Shri Ramesh Chandra Batra, Aged
About 44 Years, C/69-70, R.k. Puram, Jaipur Road, Bikaner.
(Presently Lodged At Central Jail, Bikaner).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through P.p.
2.       Shri Shiv Ratan Soni S/o Shri Ram Lal Soni, D-30, Shastri
         Nagar, Bikaner.
                                                                 ----Respondents


For Petitioner(s)          :    Mr. C.S. Kotwani
                                Ms. Swati Shekhar
For Respondent(s)          :    Mr. S.S. Rajpurohit, PP
                                Mr. Bharat Singh, for respondent No.2


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

21/11/2023

This revision petition has been filed against the judgment

dated 23.01.2020 passed by the learned Addl. Sessions Judge

No.3, Bikaner, whereby the appeal of the petitioner has been

dismissed and the judgment dated 12.12.2018 passed by the

learned Special Judicial Magistrate (NI Act Cases) No.1, Bikaner

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.2,85,000/- in default of payment,

he shall further undergo four months' simple imprisonment.

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

[2023:RJ-JD:39918] (2 of 3) [CRLR-84/2021]

petitioner and does not want to proceed in the matter. 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 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

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 12.12.2018 and 23.01.2020 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 petitioner with the Rajasthan State Legal

Services Authority, Jodhpur within a period of one month from

today. In case the cost is not deposited by the petitioner within

[2023:RJ-JD:39918] (3 of 3) [CRLR-84/2021]

the stipulated period, the revision petition may be listed before

this Court for passing appropriate orders.

The revision petition is disposed of accordingly.

A copy of this order be sent to the office of Legal Services

Authority at Jodhpur.

(MANOJ KUMAR GARG),J 107-Ishan/-

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