Jetha Ram vs State Of Rajasthan (2025:Rj-Jd:34034)
2025 Latest Caselaw 3641 Raj

Rajasthan High Court - Jodhpur

Jetha Ram vs State Of Rajasthan (2025:Rj-Jd:34034) on 1 August, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:34034]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 168/2024

Jetha Ram S/o Sukha Ram, Aged About 40 Years, R/o Shiv
Nagar Gheyra, Tehsil Tiwari, Dist. Jodhpur. (At Present Lodged In
Central Jail Jodhpur)
                                                                       ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through Pp
2.       Joga Ram S/o Teja Ram, R/o Shiv Nagar Ghavra, Tehsil
         Tiwari, Dist. Jodhpur.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. C.S. Rajpurohit
For Respondent(s)           :     Mr. Prem Singh Panwar, PP
                                  Mr. Uttam Singh


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

01/08/2025

The matter is being heard and decided today itself.

This revision petition has been filed against the judgment

dated 03.01.2024 passed by the learned Additional Sessions

Judge No.4, Jodhpur Metropolitan, in Criminal Appeal

No.120/2022 (NCV No.120/2022), by which, the appeal filed by

the petitioner was dismissed and the judgment dated 11.04.2022

passed by the learned Special Metropolitan Magistrate (N.I. Act

Cases) No.4, Jodhpur Metropolitan, in Crl. Case No.15/2019

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.70,000/-. In default of payment of fine, the petitioner

was sentenced to undergo three month's simple imprisonment.

Learned counsel for the petitioner submits that the petitioner

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

[2025:RJ-JD:34034] (2 of 2) [CRLR-168/2024]

in the spirit of Lok Adalat and the respondent No.2 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 No.2 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 No.2 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 03.01.2024 and 11.04.2022 are hereby set

aside.

The revision petition is disposed of accordingly.

Record of the trial court be sent back immediately.

(MANOJ KUMAR GARG),J 32-GKaviya/-

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