Rajasthan High Court - Jodhpur
Arjun Dan vs State Of Rajasthan (2025:Rj-Jd:3343) on 17 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:3343]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 92/2025
Arjun Dan S/o Jasudan, Aged About 42 Years, R/o Davola Bas ,
Baori, Tehsil Baori, Dist Jodhpur (At Present Lodged In Central
Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Dilip Vyas S/o Nena Lal, R/o Village Suraj Basani,,post
Bawarla Via Banar , Tehsil And Dist Jodhpur
----Respondents
For Petitioner(s) : Mr. Bajrang Singh Rathore for Mr.
Ram Singh Rawal
For Respondent(s) : Mr. O.P. Choudhary, Addl. G.A.
Mr. Saurabh Soni
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
17/01/2025
An application (IA No.01/2025) under Section 5 of the
Limitation Act for condoning the delay in filing the criminal
revision petition has been filed by the petitioner.
For the reasons and grounds mentioned in the application,
the application is allowed.
Delay in filing criminal revision petition is, hereby, condoned.
This revision petition has been filed against the judgment
dated 06.06.2022 passed by the learned Additional Sessions
Judge No.4, Jodhpur Metropolitan in Criminal Appeal No.551/2017
by which, the appeal filed by the petitioner was dismissed and the
judgment dated 19.09.2017 passed by the learned Additional Civil
[2025:RJ-JD:3343] (2 of 3) [CRLR-92/2025]
Judge and Metropolitan Magistrate No.9, Jodhpur Metropoliatn in
Crl. Regular Case No.2859/2013 convicting and sentencing the
petitioner for offence under Section 138 N.I. Act has been
affirmed. The petitioner was sentenced to undergo one year & six
months simple imprisonment along with fine in the sum of
Rs.3,79,000/- in default of payment of fine, to further undergo six
month S.I.
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
[2025:RJ-JD:3343] (3 of 3) [CRLR-92/2025]
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
vide judgment dated 06.06.2022 and 19.09.2017 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.
Suspension of sentence application also stands decided
accordingly.
A copy of this order be sent to the Rajasthan State Legal
Services Authority, Jodhpur.
(MANOJ KUMAR GARG),J
C-2-Rashi/-
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