High Court allowed criminal revision petition in cheque dishonour case. Court set aside conviction and sentence awarded under Section 138 NI Act after parties settled dispute and complainant accepted sum in full and final settlement.
Conviction and sentence awarded under Section 138 NI Act vide judgment dated 23.07.2018 affirmed by judgment dated 05.01.2021 set aside.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 45/2022
Jagdish S/o Shri Kashiram Vaishnav, Aged About 65 Years, R/o Pawatiya, Tehsil And District Chittorgarh, Rajasthan. (Presently Lodged At District Jail, Chittorgarh)
----Petitioner
Versus
Santosh Banjara D/o Shri Durga Lal Banjara Rao, R/o Manasa, Presently R/o Police Station Chenderiya, Tehsil And District Chittorgarh, Rajasthan.
----Respondent
| For Petitioner(s) | : Mr. Zafar Khan |
|---|---|
| For Respondent(s) | : Mr. M.S. Bhati, PP |
| Mr. Saurabh Soni |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/11/2022
Counsel for the petitioner submits that the petitioner is a poor person and due to extreme poverty he could not make any kind of payment, thus, is in custody for last six months.
It is further stated at Bar that a compromise has been arrived at between the parties after the judgment dated 05.01.2021 passed by appellate court, whereby the judgment dated 23.07.2018 passed by the trial court has been affirmed.
It is borne out from the compromise that the complainant is not inclined to proceed further in the matter.
Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Damodar S. Prabhu vs
Sayed Babalal H [2010(5) SCC 66].
(2 of 2)
[CRLR-45/2022]
Having considered the facts and circumstances of the case,
since the parties have settled the dispute and complainant had accepted the sum towards full and final settlement of the cheque, 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 Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. (supra) , the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside.
The conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 Negotiable Instruments Act, vide judgment dated 23.07.2018 passed by learned Additional Chief Judicial Magistrate No.1, Chittorgarh in Criminal Original Case No.1076/2016; as affirmed by judgment dated 05.01.2021 passed by learned Additional Sessions Judge No.2, Chittorgarh in Criminal Appeal No.14/2019 (123/2018) (CIS No.165/2018) are hereby set aside on the basis of the aforesaid compromise.
The revision petition is disposed of accordingly.
Stay petition also stands disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
384-Sanjay/-
1 issue framed by the court
Whether petitioner's conviction and sentence under Section 138 of the Negotiable Instruments Act can be set aside upon settlement and satisfaction of the complainant.
Colour shows how this judgement treated each authority
Damodar S. Prabhu vs Sayed Babalal HRelied on¶15
Damodar S. Prabhu vs Sayed Babalal H [2010(5) SCC 66] · Who else cites this
2 provisions across 1 enactments
Jagdish S/o Shri Kashiram Vaishnav
Santosh Banjara D/o Shri Durga Lal Banjara Rao
DR. PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
