Rajasthan High Court - Jodhpur
Kistur Chand vs Dilip Kothari (2025:Rj-Jd:18356) on 9 April, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:18356]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 493/2007
Kistur Chand S/o Shri Hazari Ram, Resident of 2-KH-36, Shanti
Nagar, Hiran Magri, Udaipur.
----Petitioner
Versus
Dilip Kothari S/o Shri B.L. Kothari, Resident of Plot No.34, Polo
Ground, Udaipur.
----Respondent
For Petitioner(s) : Mr. J.K. Chanda, through VC
For Respondent(s) : Mr. Vinay Shrivastav
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/04/2025
The matter is being heard and decided today itself.
This revision petition has been filed against the judgment
dated 24.04.2007 passed by the learned Additional Sessions
Judge No.2, Udaipur, in Criminal Appeal No.35/2005, by which,
the appeal filed by the petitioner was dismissed and the judgment
dated 06.04.2005 passed by the learned Judicial Magistrate No.2
(South), Udaipur, in Crl. Case No.355/1998 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.5,000/- and compensation of Rs.75,000/- to the complainant.
In default of payment of fine, the petitioner was sentenced to
undergo one month's simple imprisonment.
Learned counsel for the petitioner submits that the petitioner
and complainant-respondent have entered into a compromise in
[2025:RJ-JD:18356] (2 of 2) [CRLR-493/2007]
the spirit of Lok Adalat and the respondent has received all the
amount from the petitioner and does not want to proceed with the
matter, therefore the sentence of imprisonment awarded to the
petitioner may be set aside. The copy of the compromise is
already placed on record.
Learned counsel for respondent concurs with the facts stated
by the counsel for the petitioner.
I have considered the arguments advanced by counsel for
the parties and perused the compromise deed.
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 judgment dated 24.04.2007 and 06.04.2005 are hereby set
aside.
The revision petition is disposed of accordingly.
Record of the trial court be sent back immediately.
(MANOJ KUMAR GARG),J
24-GKaviya/-
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