The High Court set aside the conviction and sentence of imprisonment awarded to the petitioner for cheque dishonour, as the parties had reached a compromise and the dispute was fully settled.
The conviction and sentence of imprisonment under Section 138 NI Act were set aside.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 14/2020
Rajendra Singh S/o Kartar Singh, Aged About 36 Years, By Caste Banjara, R/o Badiyana, P.s. Chanderiya, District Chittorgarh, Rajasthan. (At Present Lodged At District Jail Chittorgarh).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. B.S. Deora For Respondent(s) : Mr. Vikram Singh Rathore, for respondent No.1 Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/01/2020
The instant revision petition has been filed against the judgment dated 17.12.2019 passed by the learned Additional District & Sessions Judge No.3, Chittorgarh, whereby the learned Judge affirmed the judgment dated 24.11.2017 passed by the learned Chief Judicial Magistrate, Chittorgarh in Criminal Original Case No.85/2016 by which he convicted the petitioner under Section 138 NI Act for one year’s simple imprisonment along with fine in the sum of Rs.3,20,000/-.
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 has received all the amount from the petitioner and does not want to proceed in the matter, therefore the sentence of imprisonment awarded to the
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[CRLR-14/2020]
petitioner may be set aside. A copy of the compromise dated 30.12.2019 is passed over to this Court during the course of arguments.
Mr. Vikram Singh Rathore appears on behalf of respondent No.1 and concurs with the facts stated by the counsel for the petitioner.
Heard the counsel for the parties and perused the compromise dated 30.12.2019.
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 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.
Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgments dated 24.11.2017 and 17.12.2019 are hereby set aside on the basis of the aforesaid compromise.
Hence, the instant criminal revision petition is disposed of. Stay petition is also decided accordingly.
(MANOJ KUMAR GARG),J
105-Ishan/-
1 issue framed by the court
Whether the sentence of imprisonment under Section 138 NI Act should be set aside upon settlement of the dispute via compromise.
Colour shows how this judgement treated each authority
Damodar S. Prabhu Vs. Sayed Babalal H.Referred¶21
Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663 · Who else cites this
2 provisions across 1 enactments
Rajendra Singh
Smt. Sanju Devi
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
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