Rajasthan High Court - Jodhpur
Madhusudan vs State Of Rajasthan (2025:Rj-Jd:13350) on 10 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:13350]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1023/2024
Madhusudan S/o Mahendra Kumar, Aged About 43 Years, R/o
11/91, Chopasani Housing Board, Jodhpur. (At Present Lodged At
Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Brajmohan Yadav S/o Shri Harish Kumar Yadav, R/o Plot
No. 42, Sector 4F, New Power House Road, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Talmeez Ahmed
Mr. Abhijeet Gehlot
For Respondent(s) : Mr. Lalit Kishore Sen, PP
Mr. Aman Gaur for
Mr. Amit Kumar Gaur
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
10/03/2025
The matter is being heard and decided today itself.
This revision petition has been filed against the judgment
dated 07.02.2020 passed by the learned Additional Sessions
Judge No.4, Jodhpur Metropolitan in Criminal Appeal No.302/2019
(N.C.V. No.302/2019), by which, the appeal filed by the petitioner
was dismissed and the judgment dated 01.05.2019 passed by the
learned Special Metropolitan Magistrate (N.I. Act Cases) No.2,
Jodhpur Metropolitan in Criminal Original Case No.12/2016 (N.C.V.
No.5854/2016) convicting and sentencing the petitioner for
offence under Section 138 N.I. Act has been affirmed. The
petitioner was sentenced to undergo six months' simple
[2025:RJ-JD:13350] (2 of 3) [CRLR-1023/2024]
imprisonment along with fine in the sum of Rs.1,55,000/-. In
default of payment of fine, the petitioner was sentenced to
undergo one month's 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.
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.
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 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
[2025:RJ-JD:13350] (3 of 3) [CRLR-1023/2024]
vide judgment dated 07.02.2020 and 01.05.2019 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 copy of the compromise
deed is hereby taken on record.
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.
Record of the trial court be sent back immediately.
(MANOJ KUMAR GARG),J
84-GKaviya/-
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