Rajasthan High Court - Jodhpur
Lalu Ram Dangi vs Sarita Bhatnagar (2025:Rj-Jd:23537) on 15 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:23537]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1274/2023
Lalu Ram Dangi S/o Late Shri Megha Dangi, Aged About 63
Years, Residing At Village Nauwa, Tehsil Mavli, District Udaipur,
Rajasthan.
----Petitioner
Versus
1. Sarita Bhatnagar W/o Shri Prafful Bhatnagar, Residing At
05, Chitrakoot Marg, Near Mahila Mandal Girls School,
Surajpole Police Station, District- Udaipur, Rajasthan.
2. State Of Rajasthan, Through PP
----Respondents
For Petitioner(s) : Dr. Mohit Singhvi assisted by
Mr. Vishwas Khatri
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
Mr. Jasraj Singh for R.1
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
15/05/2025
This revision petition has been filed against the judgment
dated 19.08.2023 passed by the learned Special Judge, SC/ST
(Prevention of Atrocities) Act Cases, District Udaipur in Criminal
Appeal No.81/2023 by which, the appeal filed by the petitioner
was dismissed and the judgment dated 18.02.2021 passed by the
learned Special Judicial Magistrate (NI Act Cases), No.2, District
Udaipur, in Criminal Case No.245/2020 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/-.
In default of payment of fine, the petitioner was sentenced to
undergo one month simple imprisonment.
[2025:RJ-JD:23537] (2 of 3) [CRLR-1274/2023]
Learned counsel for the petitioner submits that the petitioner
and complainant-respondent No.1 have entered into a compromise
in the spirit of Lok Adalat. Counsel for the petitioner further
submits that he has already deposited Rs.70,000/- before the trial
court in compliance of the order dated 04.10.2023 passed by this
Court. Additionally, counsel for the petitioner has also handed-
over a demand draft for a sum of Rs.1,50,000/- to learned counsel
for the respondent No.1/complainant, which has duly been
accepted. It is thus prayed that, in view of the compromise and
full payment, the sentence of imprisonment awarded to the
petitioner may be set aside.
Learned counsel for respondent No.1/complainant concurs
with the fact of compromise stated by the counsel for the
petitioner and also affirms the fact that the petitioner has
complied with the order dated 04.10.2023 passed by this Court.
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
respondent/complainant has accepted the sum towards full and
final settlement of dispute on the satisfaction of the respondent
No.1/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.
[2025:RJ-JD:23537] (3 of 3) [CRLR-1274/2023]
Accordingly, the conviction and sentence of imprisonment
awarded to the petitioner for offence under Section 138 NI Act
vide judgments dated 18.02.2021 and 19.08.2023 is hereby set
aside on the basis of aforesaid compromise arrived at between the
parties. The trial court is directed to disburse Rs.70,000/- as
deposited by the petitioner before it in favour of respondent No.1/
complainant on an appropriate application being filed. The surplus
amount of Rs.20,000/- received by the respondent
No.1/complainant from the petitioner (in addition to the total fine
amount of Rs.2,00,000/- as imposed by the trial court), shall be
deposited by the respondent No.1/complainant before the
Rajasthan State Legal Services Authority, Jodhpur within a period
of one month from today.
The revision petition is allowed in the above terms.
Record, if received, be sent back to the trial court forthwith.
A copy of this order be sent to the Rajasthan State Legal
Services Authority, Jodhpur.
(MANOJ KUMAR GARG),J
18-mSingh/-
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