Rajasthan High Court - Jodhpur
Devi Lal Salvi vs State Of Rajasthan (2025:Rj-Jd:22995) on 13 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:22995]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1577/2023
Devi Lal Salvi S/o Ghishu Ram, Aged About 45 Years, Proprietor
Mateshwari Agro Service Having Its Address At 28, Vijay Colony,
Near Railway Station, Chittorgarh, Dist. Chittorgarh (Raj.)
Resides At Vijay Colony, Near Railway Station, Tehsil And Dist.
Chittorgarh (Raj.) (At Present Lodged In Dist. Jail, Chittorgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Prabhjot Singh S/o Satpal Singh Arora, R/o 117 Opp.
Saheed Bhagat Singh Park, Pratapnagarh, Chittorgarh,
Dist. Chittorgarh (Raj.)
----Respondents
For Petitioner(s) : Mr. Deepak Kanojiya
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
Mr. Bharat Shrimali
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/05/2025
The matter comes upon an application (IA No.01/2025) for
disposal of the criminal revision petition on the basis of
compromise arrived at between the parties.
For the reasons mentioned in the application, the same is
allowed.
This revision petition has been filed against the judgment
dated 08.12.2021 passed by the learned Additional Sessions
Judge No.1, Chittorgarh in Criminal Appeal No.29/2018 by which,
the appeal filed by the petitioner was dismissed and the judgment
dated 09.01.2018 passed by the learned Special Judicial Magistrate
[2025:RJ-JD:22995] (2 of 3) [CRLR-1577/2023]
(NI Act Cases), Chittorgarh in Crl. Regular Case No.280/2016
convicting and sentencing the petitioner for offence under Section
138 N.I. Act has been affirmed. The petitioner was sentenced to
undergo one year's simple imprisonment along with fine in the
sum of Rs.2,00,000/-.
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
NI Act is liable to be set aside. However, since the compromise has
been arrived at after rejection of the appeal preferred by the
[2025:RJ-JD:22995] (3 of 3) [CRLR-1577/2023]
petitioner, the matter is decided 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 08.12.2021 and 09.01.2018 are hereby set
aside on the basis of the aforesaid compromise.
The revision petition is allowed in the above terms.
Suspension of sentence application also stands decided
accordingly.
Learned counsel for the petitioner submits that in pursuance
of order dated 08.12.2021 passed by appellate Court, the
petitioner has deposited 50% of the cheque amount before the
trial Court and the same is lying before the trial Court, therefore,
it is prayed that the said amount may be refunded to the
petitioner.
The learned Special Judicial Magistrate (NI Act Cases),
Chittorgarh is directed to refund 50% of the cheque amount to the
petitioner - Devi Lal Salvi upon an application filed by him.
Record of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
85-Rashi/-
Powered by TCPDF (www.tcpdf.org)
