Rajasthan High Court - Jodhpur
Smt Sugna vs Sitaram (2025:Rj-Jd:21952) on 7 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:21952]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 537/2025
Smt Sugna W/o Kailash Desai, Aged About 70 Years, R/o Behind
State Ware House Ramnagar Kachi Basti Senti Chttorgarh
Rajasthan
----Petitioner
Versus
1. Sitaram, Son Of Bhura Lal R/o House No 1 Ambedkar
Colony Pratapnagar Chittorgarh (Deceased)
1/1. Madan Lal S/o Sitaram, R/o House No. 1, Ambedkar
Colony, Pratapnagar, Chittorgarh
1/2. Panna Lal S/o Sitaram, R/o House No. 1, Ambedkar
Colony, Pratapnagar, Chittorgarh
1/3. Harish S/o Sitaram, R/o House No. 1, Ambedkar Colony,
Pratapnagar, Chittorgarh
1/4. Mohan Lal S/o Sitaram, R/o House No. 1, Ambedkar
Colony, Pratapnagar, Chittorgarh
1/5. Smt. Geeta D/o Sitaram, R/o House No. 1, Ambedkar
Colony, Pratapnagar, Chittorgarh
1/6. Asha D/o Sitaram, R/o House No. 1, Ambedkar Colony,
Pratapnagar, Chittorgarh
1/7. Smt. Sobha D/o Sitaram, R/o House No. 1, Ambedkar
Colony, Pratapnagar, Chittorgarh
2. State Of Rajasthan, Through Pp
----Respondents
For Petitioner(s) : Mr. R.K. Charan
For Respondent(s) : Mrs. Sonu Manawat, PP
Ms. Kirti Pareek, for respondent No.1
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/05/2025
An application (Inward No.01/25) under Section 5 of the
Limitation Act has been filed by the counsel for the petitioner.
[2025:RJ-JD:21952] (2 of 4) [CRLR-537/2025]
For the reasons mentioned in the application, the same is
hereby allowed. Delay in filing criminal revision petition is hereby
condoned.
Heard on the revision petition.
This revision petition has been filed against the judgment
dated 16.03.2024 passed by the learned Addl. District & Sessions
Judge No.2 Chittorgarh, in Criminal Appeal No.102/2022 vide
which, the appeal filed by the petitioner was dismissed and the
judgment dated 27.07.2022 passed by the learned Addl. Chief
Judicial Magistrate Chittorgarh, in Regular Criminal Case
No.309/2018 (685/2015) 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.1,30,000/- and in
default of payment of fine, further undergo one month's Simple
imprisonment.
Learned counsel for the petitioner submits that the petitioner
and complainant-respondents have entered into a compromise in
the spirit of Lok Adalat and the legal heirs of respondent No.1
have 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
compromise dated 15.04.2025 arrived in between the parties is
placed on record.
Learned counsel for respondents No.1/1 to 1/7 concurs with
the facts stated by the counsel for the petitioner.
[2025:RJ-JD:21952] (3 of 4) [CRLR-537/2025]
I have considered the arguments advanced by counsel for
the parties and perused the compromise dated 15.04.2025 .
Having considered the facts and circumstances of the case,
since the parties have settled their dispute and complainant
respondents have 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 judgment dated 27.07.2022 and 16.03.2024 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.
[2025:RJ-JD:21952] (4 of 4) [CRLR-537/2025]
The revision petition is allowed in the above terms.
Suspension of Sentence application is already decided.
Record of the case be sent back forthwith.
Copy of this order be sent to the Rajasthan State Legal
Services Authority, Jodhpur.
(MANOJ KUMAR GARG),J
143-Ishan/-
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