Unkar v. State and Anr.
Case brief
What is this about?
High Court accepted criminal revision in cheque dishonour case where offence was compoundable. Conviction set aside in view of compromise between parties. Petitioner imposed cost of Rs. 4000 for delay in settlement.
What did the court decide?
Conviction set aside; application accepted subject to deposit of Rs. 4000 cost within one month.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Application Criminal No. 704 / 2017
In
S.B.Cr. Revision No. 560/2017
Unkar S/o Dalla Dhakad aged 65 years, by caste Dhakad, resident of Baldrakha, Police Station Mandalgarh, District Bhilwara (Raj.)
----Petitioner
Versus
1.State of Rajasthan through Public Prosecutor.
- Shambhulal S/o Ramsukh Teli, resident of Falasiya, Police Station Mandalgarh, District Bhilwara
----Respondent
For Petitioner(s) : Mr. Paramveer Singh
For Respondent(s) : Mr. Rajesh Bhati, P.P. and Mr. Bhagat Dadhich
Issues for consideration
2 issues framed by the court
Whether the revision against conviction under Section 138 N.I.Act deserves to be accepted in view of the compoundability of the offence under Section 147 N.I.Act upon compromise.
Whether cost under the direction of Supreme Court in Damodar S. Prabhu case should be imposed on the petitioner for not settling the matter earlier.
Parties & counsel
- petitioner
Unkar S/o Dalla Dhakad
- respondent
State of Rajasthan through Public Prosecutor
- respondent
Shambhulal S/o Ramsukh Teli
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CRLR/560/2017
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