Kanchan Sharma vs State Of Rajasthan ...
2023 Latest Caselaw 8745 Raj

[2023:RJ-JD:36116]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1036/2022 Kanchan Sharma W/o Laduram, Aged About 48 Years, Gali No. 33 Plot No. 314 A Nat Basti, Bzs Colony, Ps Mahamandir, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Kailash Kanwar W/o Lt. Sawaisingh D/o Dungarsingh, B/c Rajput, R/o Vill. Raymalwada, Teh. Osian, Dist. Jodhpur (Raj.).

----Respondents

For Petitioner(s) : Mr. Deen Dayal Purohit Ms. Kshama Purohit Mr. Naman Bhansali For Respondent(s) : Mr. S.K. Bhati, PP Mr. Banshi Singh

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

19/10/2023

The instant revision petition has been filed against the orders

and judgments dated 29.07.2022 passed by the learned Additional

Sessions Judge No.3, Jodhpur Metropolitan in Criminal Appeal

No.96/2019, whereby the learned Judge rejected the appeal filed by

the petitioner against the judgment dated 23.01.2019 passed by the

learned Special Metropolitan Magistrate (N.I. Act Cases) No.03,

Jodhpur Metropolitan in Criminal Regular Case No.532/2016 for

offence under Section 138 N.I. Act and affirmed the sentence

awarded to the petitioner of one year's simple imprisonment and to

pay compensation of Rs.3,64,000/- and in default of fine he shall

further undergo two months' simple imprisonment.

Counsel for the petitioner submits that the petitioner and

complainant-respondent No.2 have entered into a compromise in the

spirit of Lok Adalat and the respondent No.2 does not want to

[2023:RJ-JD:36116] (2 of 2) [CRLR-1036/2022]

proceed in the matter, therefore the sentence of imprisonment

awarded to the petitioner may be set aside. A copy of the

compromise dated 01.08.2023 is annexed with this petition.

Mr. Banshi Singh appears on behalf of respondent No.2 and

concurs the fact of compromise.

Heard the counsel for the parties and perused the compromise

dated 01.08.2023.

Having considered the facts and circumstances of the case,

since the parties have settled their dispute and complainant

respondent 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.

Accordingly, the conviction and sentence of imprisonment

awarded to the petitioner for offence under Section 138 NI Act vide

judgments dated 29.07.2022 and 23.01.2019 are hereby set aside

on the basis of the aforesaid compromise.

Hence, the instant criminal revision petition is disposed of.

Application for suspension of sentence is also decided accordingly.

(MANOJ KUMAR GARG),J

396-Ishan/-

Powered by TCPDF (www.tcpdf.org)