Allowed

Khan Chand v. State of Rajasthan

Rajasthan HC7 Jan 2020CRLR/1515/2019

Case brief

AI extract

What is this about?

In a criminal revision petition against convictions and sentences under Section 138 NI Act, the High Court of Rajasthan at Jodhpur set aside the conviction and imprisonment upon a post-trial compromise between the petitioner and the complainant.

What did the court decide?

Conviction and sentence of imprisonment under Section 138 NI Act for the offences committed were set aside on the basis of the compromise.

Khan Chand Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2020)

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(1 of 2)

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[CRLR-1515/2019]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 1515/2019

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Khan Chand S/o Ram Lal, Aged About 48 Years, R/o House No.111, N-Block, Near Dadhimati Schoo, Opposite Goshala Gate, Sriganganagar. (Accused In Central Jail, Sriganganagar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Gyan Chand S/o Radha Ram, R/o House No. 11, P-Block, Sriganganagar.

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----Respondents

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For Petitioner(s) : Mr. RS Mankad For Respondent(s) : Mr. Muktiyar Khan, PP Mr. Prateek Kumar Rohiwal

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Judgment / Order

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07/01/2020

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This revision petition has been filed against the judgment dated 06.09.2019 passed by the learned Additional Session Judge No.1, Sriganganagar whereby the appeal of the petitioner has been dismissed and the judgment dated 05.09.2016 passed by the learned Special Judicial Magistrate (NI Act Cases) No.2, Sriganganagar for offence under Section 138 N.I. Act has been affirmed and the petitioner was sentenced to undergo one year’s simple imprisonment along with fine in the sum of Rs.3,25,000/-.

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Counsel for the petitioner submits that the petitioner is inside the jail and during the pendency of the revision petition, the petitioner and complainant-respondent No.2 have entered into a compromise in the spirit of Lok Adalat and the respondent No.2

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(2 of 2)

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[CRLR-1515/2019]

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has received all the amount from the petitioner and therefore he does not want to proceed in the matter. The copy of the compromise dated 05.12.2019 has been already been filed. It is stated that since the parties have entered into compromise and amicably settled their dispute, therefore, the sentence of imprisonment awarded to the petitioner may be set aside.

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Counsel for the respondent No.2 concurs the fact of compromise dated 05.12.2019 arrived at between the parties.

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Having considered the facts and circumstances of the case, since the parties have settled the 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.

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Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgments dated 05.09.2016 and 06.09.2019 is hereby set aside on the basis of the aforesaid compromise.

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The revision petition is disposed of accordingly. Stay petition also stands disposed of.

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(MANOJ KUMAR GARG),J

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78-MS/-

Khan Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Khan Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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