Omprakash Sunda vs Pawan Kumar (2025:Rj-Jd:293)
2025 Latest Caselaw 3717 Raj

Rajasthan High Court - Jodhpur

Omprakash Sunda vs Pawan Kumar (2025:Rj-Jd:293) on 3 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:293]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
            S.B. Criminal Revision Petition No. 1399/2024

Omprakash Sunda S/o Ghisha Ram, Aged About 36 Years, R/o
Near Guhana Nadi, Jodo Ka Bass Road, Village Nuwa, Tehsil
Deedwana Distt. Nagaur.
                                                                  ----Petitioner
                                   Versus
Pawan Kumar S/o Madan Lal, Aged About 33 Years, R/o Maidasar
Bass, Deedwana, Tehsil Deedwana, Distt. Nagaur.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Bhola Ram Chahar
For Respondent(s)        :     Mr. Ashok Kumar for
                               Mr. Vikas Godara



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

03/01/2025

This revision petition has been filed by the petitioner against

the judgment dated 23.07.2024 passed by the learned Additional

Sessions Judge, Deedwana whereby the learned Judge dismissed

the appeal of the petitioner and affirmed the judgment dated

09.06.2022 passed by the learned Additional Chief Judicial

Magistrate, Deedwana whereby the petitioner was convicted for

offence under Section 138 of N.I. Act and sentenced to undergo

one year simple imprisonment along with fine in the sum of

Rs.6,90,000/- and in default of payment of fine, to further

undergo three months SI.

Counsel for the petitioner submits that during the pendency

of the revision petition, the petitioner and complainant/respondent

have entered into a compromise in the spirit of Lok Adalat and the

[2025:RJ-JD:293] (2 of 3) [CRLR-1399/2024]

respondent has received all the amount from the petitioner and

does not want to proceed in the matter. It is stated that since the

parties have entered into compromise and amicably settled their

dispute, therefore, the sentence of imprisonment awarded to the

petitioner may be set aside. A copy of compromise is already

available on record.

Counsel for the respondent concurs the fact of compromise

arrived at between the parties.

Having considered the facts and circumstances of the case,

since the parties have settled the dispute and

complainant/respondent 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 the 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

vide judgments dated 09.06.2022 and 23.07.2024 is 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 with the Rajasthan State Legal

[2025:RJ-JD:293] (3 of 3) [CRLR-1399/2024]

Services Authority, Jodhpur within a period of one month from

today. In case the cost is not deposited by the petitioner within

the stipulated period, the revision petition may be listed before

this Court for passing appropriate orders.

The revision petition is disposed of accordingly.

Application for suspension of sentence is also decided.

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

Legal Services Authority at Jodhpur.

(MANOJ KUMAR GARG),J 109-MS/-

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