HC Jodhpur condoned delay in filing a Criminal Revision Petition. The court set aside the conviction and six-month imprisonment sentence awarded for an NI Act offence after the petitioner secured a settlement with the complainant.
Condonation of delay allowed; conviction and sentence of imprisonment set aside based on compromise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Criminal Revision Petition No. 69/2020
Narayan Lal S/o Uda Ahir, Age about 48 years, R/o Khokarwas Tehsil Vallabhnagar, P.S. Vallabhnagar, Distt. Udaipur Raj.
----Petitioner
| Versus | |
|---|---|
| 1. Roshan Lal S/o Gopi Lal Jhalawat, R/o Vallabhnagar, Distt. Udaipur 2. State of Rajasthan |
kharsan Tehsil ----Respondent |
| For Petitioner(s) : Mr. Abhishek Charan |
|
| For Respondent(s) : Mr. Anees Bhurat PP Ms. Kirti Pareek |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/01/2020
An application has been filed by the learned counsel for the petitioner for condoning the delay under Section 5 of the Limitation Act, of filing Criminal Revision Petition.
For the reasons mentioned in the application. The application is allowed, the delay in filing Criminal Revision Petition is hereby condoned.
This revision petition has been filed by the petitioner against the judgment dated 26.11.2018 passed by the Learned Additional Session Judge (Women Atrocities Act Cases), Udaipur in Criminal Appeal No.99/2017 (CIS No.99/2017) whereby the learned Judge dismissed the appeal and affirmed the judgment dated 29.07.2015 passed by the learned Addl. Chief Judicial Magistrate, Vallabhnagar in Criminal Regular Case No.203/2010 whereby the learned Magistrate convicted the petitioner for offence under Section 138 N.I. Act and sentenced to undergo six month simple imprisonment and to pay compensation in the sum of Rs.1,50,000/-.
Counsel for the petitioner submits that the petitioner and
[CRLR-69/2020]
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complainant-respondent No.1 have entered into a compromise in the spirit of Lok Adalat and the respondent No.1 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 petitioner may be set aside. The copy of compromise is already available on record.
Learned counsel for respondent No.1 concurs with the facts stated by the counsel for the petitioner.
Heard the counsel for the parties and perused the compromise.
Having considered the facts and circumstances of the case, since the parties have settled their dispute and complainant respondent No.1 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 judgment dated 29.07.2015 and 26.11.2018 is hereby set aside on the basis of the aforesaid compromise.
Hence, the revision petition is disposed of.
(MANOJ KUMAR GARG),J
9-Anshul/-
2 issues framed by the court
Whether delay in filing Criminal Revision Petition should be condoned.
Whether conviction and sentence under Section 138 N.I. Act be set aside on account of compromise.
Colour shows how this judgement treated each authority
Damodar S. Prabhu Vs. Sayed Babalal H.Explained¶18
Damodar S. Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663 · Who else cites this
2 provisions across 2 enactments
Narayan Lal S/o Uda Ahir
Roshan Lal S/o Gopi Lal Jhalawat
State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Manoj Kumar Garg
Parties & counsel
