Rajasthan High Court - Jodhpur
Narendra Kumar vs State Of Rajasthan (2025:Rj-Jd:28607) on 3 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:28607]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 746/2025
Narendra Kumar S/o Shivdutt Tripathi, Aged About 64 Years, R/o
House No. 41, Sagar Colony, Kalka Mata Road, Pahara, Udaipur
(Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Ashok S/o Late Shri Rampratap, R/o House No. 1-23,
Gayatri Nagar, Hiran Magri, Sector No. 5 (Madhuram)
Udaipur (Raj)
----Respondents
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
Mr. Jafar Khan
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
03/07/2025
This revision petition has been filed against the judgment
dated 24.04.2025 passed by the learned Additional Session Judge
No.2, District Udaipur in Criminal Appeal No.273/2024 by which,
the appeal filed by the petitioner was dismissed and the judgment
dated 01.06.2024 passed by the learned Special Judicial
Magistrate (NI Act Cases) No.8, District Udaipur, in Regular
Criminal Case No.410/2023 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.5,04,000/-.
[2025:RJ-JD:28607] (2 of 3) [CRLR-746/2025]
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 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 complainant-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
[2025:RJ-JD:28607] (3 of 3) [CRLR-746/2025]
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 01.06.2024 and 24.04.2025 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
8-mSingh/-
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