Rajasthan High Court - Jodhpur
Saranjeet vs State Of Rajasthan (2025:Rj-Jd:4437) on 23 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:4437]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 378/2022
Saranjeet S/o Onkar Ram, Aged About 27 Years, B/c Bajigar, R/o
Kavani, Tehsil And District Bikaner (Raj.) (At Present Lodged At
Central Jail, Bikaner)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Mona Builders, B-2-112, Rajmata Sudarshna Nagar,
Bikaner Through Prop. Shailesh Sharma S/o Amrendra
Sharma.
----Respondents
For Petitioner(s) : Mr. Varun Arora, through VC
For Respondent(s) : Mr. Neeraj Gurjar, GA-cum-AAG
Mr. Narendra Gehlot, PP assisted by
Mr. Omprakash Choudhary
Mr. Subhash Vishnoi, for Resp. No.2
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
23/01/2025
Learned counsel for the petitioner submits that in compliance
of the order dated 02.05.2022 passed by this Court, accused-
petitioner has deposited 50% of the cheque amount before the
concerned trial court and the said amount is still laying before the
trial court.
The concerned trial court is directed to handover the amount
to the complaint-respondent No.2 on an appropriate application
filed by him before the trial court.
The matter is being heard and decided today itself.
This revision petition has been filed against the judgment
dated 19.04.2022 passed by the learned Additional District and
[2025:RJ-JD:4437] (2 of 3) [CRLR-378/2022]
Sessions Judge No.7, Bikaner in Criminal Appeal No.13/2020, by
which, the appeal filed by the petitioner was dismissed and the
judgment dated 16.01.2020 passed by the learned Judicial
Magistrate (N.I. Act Cases), No.2, Bikaner in Crl. Regular Case
No.480A/2018 convicting and sentencing the petitioner for offence
under Section 138 N.I. Act has been affirmed. The petitioner was
sentenced to undergo three months' simple imprisonment along
with fine in the sum of Rs.45,000/-. In default of payment of fine,
the petitioner was sentenced to undergo 15 days' simple
imprisonment.
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
[2025:RJ-JD:4437] (3 of 3) [CRLR-378/2022]
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
vide judgment dated 19.04.2022 and 16.01.2020 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 two months 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
116-GKaviya/-
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