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Rajasthan High Court - Jodhpur
Sudam Khan vs State Of Rajasthan (2025:Rj-Jd:53576) on 10 December, 2025
[2025:RJ-JD:53576]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1660/2025
Sudam Khan S/o Najar Khan, Aged About 31 Years, Aman
Enclave, Chak 3A, Choti, Sadbhawna Nagar, Sri Ganganagar
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Gurcharan Singh S/o Shri Mithu Singh, Chak 3 A Choti,
Sadbhawna Nagar, Sri Ganganagar
----Respondents
For Petitioner(s) : Mr. Himmat Jagga.
For Respondent(s) : Mr. Surendra Bishnoi, PP.
Mr. Rahul Bishnoi for Mr. Shardul
Singh Bishnoi.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
10/12/2025
This revision petition has been filed against the judgment
dated 19.11.2025 passed by the learned Special Judge, Scheduled
Caste and Scheduled Tribes (Prevention of Atrocities Cases),
Shriganganagar in Criminal Appeal No.11/2021 by which, the
appeal filed by the petitioner was dismissed and the judgment
dated 22.09.2021 passed by the learned Special Judicial
Magistrate (NI Act Cases) No.1, Srigangangar, in Criminal Regular
Case No.17/2017 (CIS No.378/2017) convicting and sentencing
the petitioner for offence under Section 138 N.I. Act has been
affirmed. The petitioner was sentenced to undergo six months'
simple imprisonment along with fine in the sum of Rs.1,10,000/-.
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[2025:RJ-JD:53576] (2 of 3) [CRLR-1660/2025]
In default of payment of fine, the petitioner was sentenced to
undergo 30 days' simple imprisonment.
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 the whole 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.
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 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 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 compromise has been
arrived at after rejection of the appeal preferred by the petitioner,
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[2025:RJ-JD:53576] (3 of 3) [CRLR-1660/2025]
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 19.11.2025 and 22.09.2021 are 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.
A copy of this order be sent to the Rajasthan State Legal
Services Authority, Jodhpur.
(MUKESH RAJPUROHIT),J
84-/Jitender//-
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