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2011 DIGILAW 1333 (RAJ)

Ved Prakash v. State of Rajasthan

2011-07-11

R.S.CHAUHAN

body2011
JUDGMENT 1. - An application, S.B. Criminal Misc. Application No. 1167 of 2011, for submitting a compromise has been filed. 2. Mr. Mangilal, the complainant, is present before this Court; he has been identified by his counsel. Both the learned counsel are had ad idem that Mr. Ved Prakash, the petitioner and Mr. Mangi Lai, the complainant, have entered into compromise. According to Mangi Lai, the disputed amount has already by paid to him. Therefore, he does not wish to pursue this case against petitioner. 3. In the case of Damodar S. Prabhu v. Sayed Babalal H., 2010 (1) NIJ 321(SC) = AIR 2010 Supreme Court 1907 the Hon'ble Supreme Court had opined that the intention behind Section 138 Negotiable Instruments Act is not so much as to send a person to prison, as to ensure that the amount in dispute is paid by the accused to the complainant. Moreover, in order the parties were to enter into a compromise, before the High Court, then the accused person is liable to pay 15% of the amount in dispute as the cost. The said cost should be paid to the Legal Service Authority. 4. On 7.7.2001, the learned counsel for the petitioner had sought time the seek instruction from his client whether he would be willing to pay 15% of the disputed amount or not? 5. Mr. M.K. Garg, the learned counsel for the petitioner states that the petitioner would be willing to pay 15% of Rs. 2,70,000/- i.e., Rs. 40,500/- as cost. 6. Considering the fact that the parties have entered into a compromise considering the fact that the petitioner is willing to pay Rs. 40,500/- to the Legal Service Authority, as cost, this Court quashes and sets aside the judgments dated 10.6.2011 and 17.7.2008 and acquits the petitioner for offence under Section 138 of Negotiable Instruments Act. 7. However, the said order shall come into effect only when the petitioner has deposited 15% of Rs. 2,70,000/- i.e., Rs. 40,500/-, as the cost with the High Court. The Deputy Registrar (Judicial) is directed to give the said amount to the Legal Service Authority. After depositing the said amount of Rs. 40,500/-, the petitioner shall be released forthwith in case he is not required in any other criminal case.The application (1667 of 2011) is also disposed off.Revision Petition disposed of. *******