Ganpatlal vs State Of Rajasthan (2025:Rj-Jd:18196)
2025 Latest Caselaw 11310 Raj

Rajasthan High Court - Jodhpur

Ganpatlal vs State Of Rajasthan (2025:Rj-Jd:18196) on 9 April, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:18196]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 1144/2023

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


For Petitioner(s)             :     Mr. Javed Hussain
For Respondent(s)             :     Mr. Deepak Choudhary, GA cum AAG
                                    with Mr. Kuldeep Singh Kumpawat
                                    Mr. Yashwant Mehta for R.2



            HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

09/04/2025

This revision petition has been filed against the judgment

dated 11.08.2023 passed by the learned Sessions Judge, District

Jodhpur in Criminal Appeal No.92/2018 by which, the appeal filed

by the petitioner was dismissed and the judgment dated

22.11.2018 passed by the learned Judicial Magistrate, District

Jodhpur in Main Case No.107/2014 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.20,00,000/-.

Learned 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 amount had already been

[2025:RJ-JD:18196] (2 of 2) [CRLR-1144/2023]

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 11.08.2023 and 22.11.2018 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 107-mSingh/-

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