Shaitan Singh vs State Of Rajasthan (2025:Rj-Jd:53232)
2025 Latest Caselaw 16455 Raj

Rajasthan High Court - Jodhpur

Shaitan Singh vs State Of Rajasthan (2025:Rj-Jd:53232) on 8 December, 2025

[2025:RJ-JD:53232]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
            S.B. Criminal Revision Petition No. 1319/2025

Shaitan Singh S/o Raghunath Singh Rajput, Aged About 38
Years,     R/o       Madigpura,        Police       Station         Kheroda,   Tehsil
Vallabhnagar, Udaipur.
                                                                        ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Mohanlal S/o Waga Ji Dangi, R/o Banjari, Police Station
         Vallabhnagar, Tehsil Vallabhnagar, Udaipur (Rajasthan)
                                                                     ----Respondents


For Petitioner(s)            :     Mr. Shekhar Mewara
For Respondent(s)            :     Mr. Surendra Bishnoi, PP
                                   Mr. Chandan Singh



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

08/12/2025 The matter has come up on an application filed by the

petitioner under Section 5 of the Limitation Act for condonation of

delay in filing present criminal revision petition.

For reasons and grounds stated in the application, the same

is allowed. The delay in filing the present criminal revision petition

is hereby condoned.

This revision petition has been filed against the judgment

dated 14.09.2021 passed by the learned Additional Session Judge

No.1, Udaipur in Criminal Appeal CIS No.372/2017 by which, the

appeal filed by the petitioner was dismissed and the judgment

dated 07.06.2017 passed by the learned Additional Chief Judicial

Magistrate, Vallabhnagar, District Udaipur, in Case No.415/2015

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[2025:RJ-JD:53232] (2 of 3) [CRLR-1319/2025]

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.12,00,000/-.

Learned counsel for the petitioner submits that the petitioner

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

and the respondent No.2 has received Rs.4,11,000/- as full and

final settlement 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.

Learned counsel for respondent No.2 concurs with the facts

stated by the counsel for the petitioner.

Learned Public Prosecutor has opposed the prayer made by

learned counsel for the petitioner and prayed for dismissal of the

instant criminal revision petition, however, he does not dispute the

fact that a compromise has been arrived at between the parties.

I have heard 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, 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 Sanjabij Tari v. Kishore S. Borcar & Anr. (2025 INSC

1158), the sentence awarded to the petitioner for offence under

Section 138 NI Act is liable to be set aside. However, since the

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[2025:RJ-JD:53232] (3 of 3) [CRLR-1319/2025]

compromise has been arrived at after rejection of the appeal

preferred by the petitioner, a cost of 7.5% of the cheque amount

deserves to be imposed upon the petitioner in light of the decision

rendered by the Hon'ble Apex Court in the case of Sanjabij Tari

(supra).

Accordingly, the conviction and sentence of imprisonment

awarded to the petitioner for offence under Section 138 NI Act

vide judgments dated 07.06.2017 and 14.09.2021 is hereby set

aside on the basis of the aforesaid compromise subject to

deposition of cost of 7.5% of the cheque amount. The cost shall

be deposited by the petitioner before the Rajasthan State Legal

Services Authority, Jodhpur within a period of one month from

today. In case, the cost is not deposited by the petitioner before

the Rajasthan State Legal Services Authority, Jodhpur within the

stipulated period, the revision petition may be listed before this

Court for passing appropriate orders.

The revision petition is allowed in the above terms. The

application for suspension of sentence is also decided accordingly.

A copy of this order be sent to the Rajasthan State Legal

Services Authority, Jodhpur.

(MUKESH RAJPUROHIT),J 69-mSingh/-

(Uploaded on 09/12/2025 at 12:33:07 PM)

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