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2014 DIGILAW 1510 (RAJ)

Nirmala Devi v. Fateh Singh Lodha

2014-09-08

SANDEEP MEHTA

body2014
JUDGMENT 1. - These criminal revisions are directed against the judgment dated 23.10.2008 passed by the learned Additional District and Sessions Judge (Fast Track) No.1, Bhilwara. whereby while deciding the appeals filed by the accused Fateh Singh and Sanjay, their conviction for the offence under Section 138 of the N.I.Act was upheld and while setting aside their substantive sentence, they were sentenced to varying amounts of fine. 2. The petitioner Nirmala Devi's husband Shri Sita Ram filed two separate complaints against the two accused for the offence under section 138 of the N.I.Act. Fateh Singh Lodha was convicted and sentenced by the trial court for the aforesaid offence vide judgment dated 22.1.2008. He preferred an appeal. The appeal was partly accepted by the learned Addl. Sessions Judge (F.T.) No.1, Bhilwara vide judgment dated 23.10.2008 and while setting aside the sentence of imprisonment, he was sentenced to fine of 50000/- and in default of payment of fine to undergo six months S.I. Out of the amount of fine of Rs. 50,000/-, a sum of Rs. 40,000/- was directed to be paid to the complainant. Likewise, the accused Sanjay Lodha was also convicted by the learned trial by judgment dated 22.1.2008. The Appellate Court i.e. Addl. Sessions Judge (F.T.) No.1, Bhilwara partly accepted the appeal against conviction and while setting aside the sentence of imprisonment, he was sentenced to a fine of Rs. 65,000/- and in default he was directed to undergo six months' S.I. Out of total amount of fine of Rs. 65,000/-, Rs. 55,000/- was ordered to be paid to the complainant. 3. During the course of pendency of the revision Shri Sita Ram expired. Accordingly his legal heirs Smt. Nirmala Devi and Ms. Hemlata have been taken on record and they have permitted to prosecute the revisions. Both the accused have already deposited the amount of fine in the trial court by way of bankers cheques drawn in the name of Shri Sita Ram. 4. Today, the parties are present in the Court. They submit that they have settled and compromised the dispute amongst themselves. In this view of the matter, the petitioners Ms.Nirmala Devi and Hemlata do not desire to pursue the revisions any further. The additional amount towards the settlement has already been paid to the petitioners. A compromise has been filed before this Court which has been verified by the Dy. Registrar (Judl.). In this view of the matter, the petitioners Ms.Nirmala Devi and Hemlata do not desire to pursue the revisions any further. The additional amount towards the settlement has already been paid to the petitioners. A compromise has been filed before this Court which has been verified by the Dy. Registrar (Judl.). They further submitted that the bankers cheque, which has been deposited by the accused Fateh Singh and the accused Sanjay Lodha in the name of Sita Ram Verma before the trial Court be directed to be converted in the name of petitioner Ms.Nirmala Devi. 5. Accordingly, the revisions are dismissed in light of the compromise submitted to this Court. The concerned bank shall convert the bankers cheques which were deposited in the trial court by the accused Fateh Singh and Sanjay from the name of Sita Ram Verma to the name of Ms.Nirmala Devi, wife of Sita Ram Verma and thereafter the cheques shall be handed over to Ms.Nirmala Devi at the earliest.Revisions Dismissed. *******