Kistur Chand vs Dilip Kothari (2025:Rj-Jd:18356)
2025 Latest Caselaw 11361 Raj

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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