Rajasthan High Court - Jodhpur
Champabai vs Kaluram (2025:Rj-Jd:4719) on 24 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:4719]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 132/2025
Champabai W/o Mangilal, Aged About 55 Years, R/o Shiv Colony,
Kachhi Basti, Chanderiya, Teh. And Dist. Chitorgarh. (Lodged In
Dist. Jail Chittorgarh)
----Petitioner
Versus
Kaluram S/o Mewalal, R/o Narela, Teh. And Dist. Chittorgarh,
Raj.
----Respondent
For Petitioner(s) : Mr. Ashok Khilery
For Respondent(s) : Mr. Bharat Gurjar
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
24/01/2025
An application has been filed by the petitioner under Section
5 of the Limitation Act for condonation of delay in filing the
present criminal revision petition.
For reasons stated in the application, the same is allowed
and the delay in filing the present criminal revision petition is
hereby condoned.
This revision petition has been filed against the judgment
dated 24.07.2024 passed by the learned Additional Session Judge
No.1, Chittorgarh in Criminal Appeal No.26/2022 by which, the
appeal filed by the petitioner was dismissed and the judgment
dated 15.03.2022 passed by the learned Additional Chief Judicial
Magistrate No.2, Chittorgarh, in Criminal Case No.1112/2017
convicting and sentencing the petitioner for offence under Section
138 N.I. Act has been affirmed. The petitioner was sentenced to
[2025:RJ-JD:4719] (2 of 3) [CRLR-132/2025]
undergo one year's simple imprisonment along with fine in the
sum of Rs.3,00,000/-. In default of payment of fine, the petitioner
was sentenced to undergo one month simple imprisonment.
Learned counsel for the petitioner submits that the petitioner
and complainant-respondent have entered into a compromise in
the spirit of Lok Adalat and the respondent 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 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 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
[2025:RJ-JD:4719] (3 of 3) [CRLR-132/2025]
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 judgments dated 15.03.2022 and 24.07.2024 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 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
122-mSingh/-
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