Rajasthan High Court - Jodhpur
Neelkamal Meghwal vs State Of Rajasthan (2025:Rj-Jd:54) on 2 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:54]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1469/2024
Neelkamal Meghwal S/o Paras Meghwal, Aged About 34 Years,
R/o Subji Mandi, Ratanada, Near Jodhpur Sweet Home, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Heera Lal Nen S/o Ramchandra Nen, R/o 69, Dev Sadan,
Paota C Road, Vidhya Nagar, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Yashveer
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
Mr. Deepak Chouhan, for complainant
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
02/01/2025
This revision petition has been filed against the judgment
dated 20.09.2024 passed by the learned Additional Session Judge
No.1, District Jodhpur Metropolitan in Criminal Appeal No.23/2023
by which, the appeal filed by the. petitioner was dismissed and the
judgment dated 01.05.2023 passed by the learned Special
Metropolitan Magistrate (NI Act Cases), District Jodhpur
Metropolitan, in Criminal Case No.1300/2022 convicting and
sentencing the petitioner for offence under Section 138 N.I. Act
has been affirmed. The petitioner was sentenced to undergo one
year simple imprisonment along with fine in the sum of
Rs.2,00,000/-. In default of payment of fine, the petitioner was
sentenced to undergo three months' simple imprisonment.
[2025:RJ-JD:54] (2 of 3) [CRLR-1469/2024]
Learned counsel for the petitioner submits that the petitioner
and complainant-respondent No.2 have entered into a compromise
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. However, since the compromise has
been arrived at after rejection of the appeal preferred by the
petitioner, a cost of 15% 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 Damodar S. Prabhu (supra).
Accordingly, the conviction and sentence of imprisonment
awarded to the petitioner for offence under Section 138 NI Act
[2025:RJ-JD:54] (3 of 3) [CRLR-1469/2024]
vide judgments dated 01.05.2023 and 20.09.2024 are hereby set
aside on the basis of the aforesaid compromise subject to
deposition of cost of 15% 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.
(MANOJ KUMAR GARG),J
5-mSingh/-
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