Rajasthan High Court - Jodhpur
Ajay Babel vs State Of Rajasthan (2025:Rj-Jd:50513) on 21 November, 2025
[2025:RJ-JD:50513]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1009/2025
Ajay Babel S/o Shantilal Babel, Aged About 53 Years, 6-A, Kalaji
Goraji, New Colony, Udaipur Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Shantilal S/o Nathulal Daayma, 128 B, Saheli Nagar,
Udaipur Rajasthan
----Respondents
For Petitioner(s) : Mr. Avin Chhangani
For Respondent(s) : Mr. Prem Singh Panwar, PP
Mr. Priyank Kewaliya
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
21/11/2025
This revision petition has been filed against the judgment
dated 09.04.2025 passed by the learned Special Judge, SC/ST Act
(Prevention of Atrocity) Cases, Udaipur in Criminal Appeal
No.13/2024 by which, the appeal filed by the petitioner was
dismissed and the judgment dated 18.12.2023 passed by the
learned Additional Chief Judicial Magistrate (NI Act Cases),
District Udaipur, in Regular Criminal Case No.859/2017 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.4,00,000/-. In default of payment of fine, the petitioner was
sentenced to undergo one month's simple imprisonment.
(Uploaded on 21/11/2025 at 05:49:34 PM)
[2025:RJ-JD:50513] (2 of 3) [CRLR-1009/2025]
Learned counsel for the petitioner submits that the petitioner
and complainant-respondent No.2 have entered into a compromise
and the respondent No.2 has received the whole 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.
Learned counsel for respondent No.2 concurs with the facts
stated by the counsel for the petitioner.
Learned Public Prosecutor has opposed the prayer made by
learned counsel for the petitioner and prayed for dismissal of the
instant criminal revision petition, however, he does not dispute the
fact that a compromise has been arrived at between the parties.
I have heard 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 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 Sanjabij Tari v. Kishore S.
Borcar & Anr. (2025 INSC 1158), 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 7.5%
of the cheque amount deserves to be imposed upon the petitioner
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[2025:RJ-JD:50513] (3 of 3) [CRLR-1009/2025]
in light of the decision rendered by the Hon'ble Apex Court in the
case of Sanjabij Tari (supra).
Accordingly, the conviction and sentence of imprisonment
awarded to the petitioner for offence under Section 138 NI Act
vide judgments dated 18.12.2023 and 09.04.2025 is hereby set
aside on the basis of the aforesaid compromise subject to
deposition of cost of 7.5% 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. The
application for suspension of sentence is also decided accordingly.
A copy of this order be sent to the Rajasthan State Legal
Services Authority, Jodhpur.
(MUKESH RAJPUROHIT),J
318-mSingh/-
(Uploaded on 21/11/2025 at 05:49:34 PM)
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