Rajasthan High Court - Jodhpur
Himmat Singh Lodha vs State Of Rajasthan (2025:Rj-Jd:48686) on 12 November, 2025
[2025:RJ-JD:48686]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1440/2025
Himmat Singh Lodha S/o Hukmi Chand Lodha, Aged About 74
Years, House No 34, Shiv Kutir, Shanti Nagar, Hiranmagari
Udaipur, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Kailash Mantri W/o Late Chhatar Lal Mantri, 16, Patho Ki
Magari, Subhashnagar, Udaipur, District Udaipur
----Respondents
For Petitioner(s) : Mr. Dilip Vidoya for
Mr. Ram Singh Rawal
For Respondent(s) : Mr. Prem Singh Panwar, PP
Mr. Saurabh Soni for complainant
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
12/11/2025
An application (01/2025) under Section 5 of the Limitation
Act has been filed by the counsel for the petitioner.
For the reasons mentioned in the application, the same is
hereby allowed and the delay in filing revision petition is hereby
condoned.
Heard on criminal revision petition.
This revision petition has been filed against the judgment
dated 12.07.2024 passed by the learned Additional Sessions
Judge No.3, Udaipur in Criminal Appeal No.67/2023 vide which,
the appeal filed by the petitioner was dismissed and the judgment
dated 06.02.2023 passed by the learned Special Judicial
Magistrate N.I. Act Cases No.3, Udaipur, in Criminal Regular Case
(Uploaded on 12/11/2025 at 04:14:18 PM)
[2025:RJ-JD:48686] (2 of 3) [CRLR-1440/2025]
No.562/2016 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.1,36,000/- 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-respondent No.1 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 compromise dated
27.11.2024 arrived in between the parties is 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 dated 27.11.2024.
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
(Uploaded on 12/11/2025 at 04:14:18 PM)
[2025:RJ-JD:48686] (3 of 3) [CRLR-1440/2025]
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 12.07.2024 and 06.02.2023 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 revision petition is allowed in the above terms.
Suspension of Sentence application is also decided accordingly.
Copy of this order be sent to the Rajasthan State Legal
Services Authority, Jodhpur.
(MUKESH RAJPUROHIT),J
199-mSingh/-
(Uploaded on 12/11/2025 at 04:14:18 PM)
Powered by TCPDF (www.tcpdf.org)
