Rajasthan High Court - Jodhpur
Moti Singh vs State Of Rajasthan (2025:Rj-Jd:21615) on 6 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:21615]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 921/2023
Moti Singh S/o Deep Singh, Aged About 45 Years, B/c Rajput, R/
o Makrana, District Nagaur. At Present Hanuwant - A, B.j.s.
Colony, Paota C Road, Jodhpur. ----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Lrs Of Gokul Singh, S/o Bhanwar Singh,
Dipendra Singh S/o Gokul Singh, B/c Rajput, R/o Jakhal
At Present Maliyo Ki Dhani, Makrana, District Nagaur.
----Respondents
For Petitioner(s) : Mr. Dhanesh Saraswat
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
Mr. S.K. Joshi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
06/05/2025
An application (01/2023) 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.
Another application (01/2025) has been filed by the petitioner
for taking on record the compromise arrived at between the parties
and for disposal of the present criminal revision petition in terms of
the said compromise.
For reasons stated in the application, the same is allowed and
the compromise arrived at between the parties is hereby taken on
record.
[2025:RJ-JD:21615] (2 of 3) [CRLR-921/2023]
The present criminal revision petition is being decided today
itself in terms of the compromise arrived at between the parties.
This criminal revision petition has been filed against the
judgment dated 25.09.2019 passed by the learned Additional
Session Judge No.1, Parbatsar Camp Makrana, District Nagaur in
Criminal Appeal No.105/2017 by which, the appeal filed by the
petitioner was dismissed and the judgment dated 24.08.2017
passed by the learned Additional Chief Judicial Magistrate, Makrana,
District Nagaur, in Criminal Case No.703/2013 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
two months' 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 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
[2025:RJ-JD:21615] (3 of 3) [CRLR-921/2023]
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 vide
judgments dated 24.08.2017 and 25.09.2019 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.
A copy of this order be sent to the Rajasthan State Legal
Services Authority, Jodhpur.
(MANOJ KUMAR GARG),J
23-mSingh/-
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