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Rajasthan High Court - Jodhpur
Khuma vs State Of Rajasthan (2025:Rj-Jd:54308) on 16 December, 2025
[2025:RJ-JD:54308]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1677/2025
Khuma S/o Phula, Aged About 65 Years, Resident Of Champa
Ghati, Dhunkli, District Udaipur, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Pp
2. Gajendra Salvi S/o Chaturbhuj Salvi, Resident Of 241,
Uttari Sundervas, District Udaipur, Rajasthan
----Respondents
For Petitioner(s) : Mr. Gopal Singh Bhati
For Respondent(s) : Mr. Surendra Bishnoi, PP
Mr. Ashok Kumar
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
16/12/2025
This revision petition has been filed by the petitioner against
the order dated 29.09.2025 passed by the learned Additional
Sessions Judge No. 02, Udaipur in Criminal Appeal No.484/2025
by which, the application under Section 5 of Limitation Act and
consequently appeal filed by the petitioner have been dismissed.
By way of said appeal, the petitioner has challenged the order
dated 13.08.2024 passed by the learned Special Judicial
Magistrate (NI Act Cases) No.3, District Udaipur, in Regular
Criminal Regular Case No.10481/2014 convicting and sentencing
the petitioner for offence under Section 138 N.I. Act to undergo
eight months' simple imprisonment along with fine of Rs.40,000/-.
In default of payment of fine, the petitioner was sentenced to
undergo one month's simple imprisonment.
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[2025:RJ-JD:54308] (2 of 3) [CRLR-1677/2025]
Heard learned counsel for the petitioner as well as learned
Public Prosecutor.
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 cheque amount
from the petitioner and does not want to proceed with the matter.
He also placed on record a copy of compromise arrived at between
the parties. Therefore, it is prayed that 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 is not in a position
to 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
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[2025:RJ-JD:54308] (3 of 3) [CRLR-1677/2025]
liable to be set aside. However, since the 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 13.08.2024 and 29.09.2025 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
25-mSingh/-
(Uploaded on 17/12/2025 at 11:23:37 AM)
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