Ganpatlal Salecha vs State Of Rajasthan (2025:Rj-Jd:18028)
2025 Latest Caselaw 11247 Raj

Rajasthan High Court - Jodhpur

Ganpatlal Salecha vs State Of Rajasthan (2025:Rj-Jd:18028) on 8 April, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:18028]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 1247/2023

Ganpatlal Salecha S/o Shri Mohanlal, Aged About 78 Years, R/o
A-190 Saraswati Nagar, Jodhpur.
                                                                      ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Pp, Rajasthan High Court,
         Jodhpur.
2.       Indian Oversees Bank, Central Office 762, Anna Silai
         Chennai - 2 Branch Office Sojati Gate, Jodhpur, Raj.
                                                                   ----Respondents


For Petitioner(s)          :     Mr. Javed Hussain
For Respondent(s)          :     Mr. Pawan Kumar Bhati, PP
                                 Mr. Yashwant Mehta for respondent
                                 No.2



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

08/04/2025

This revision petition has been filed against the judgment

dated 11.09.2023 passed by the learned Additional Sessions

Judge No.1, Jodhpur Metropolitan in Criminal Appeal No.02/2017

by which, the appeal filed by the petitioner was dismissed and the

judgment dated 22.12.2016 passed by the learned Special

Metropolitan Magistrate (NI Act) No.1, Jodhpur Metropolitan in

Main Case No.2507/2014 convicting and sentencing the petitioner

for offence under Section 138 N.I. Act has been affirmed. The

petitioner was sentenced to undergo one year's simple

imprisonment along with fine in the sum of Rs.21,75,000/-.

Learned counsel for the petitioner submits that the petitioner

and complainant-respondent No.2 have entered into a compromise

[2025:RJ-JD:18028] (2 of 2) [CRLR-1247/2023]

in the spirit of Lok Adalat and the amount had already been

deposited by the borrower M/s Anokhi Choice and the respondent

No.2 and does not want to proceed with the matter. It is stated

that since the parties have entered into compromise and amicable

settled their dispute, therefore, the sentence of imprisonment

awarded to the petitioner may be set aside.

Learned counsel for 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 their dispute and the amount had

already been deposited by the borrower M/s Anokhi Choice,

therefore, 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 judgment dated 11.09.2023 and 22.12.2016 are hereby set

aside on the basis of the aforesaid compromise.

The revision petition is disposed of accordingly. Suspension

of sentence application is also decided.

(MANOJ KUMAR GARG),J 55-Rashi/-

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