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Rajasthan High Court · body

2016 DIGILAW 1733 (RAJ)

Dheeraj Vyas Son of Shri Rajendra Prasad Sharma v. State of Rajasthan Through P. P.

2016-12-01

SABINA

body2016
JUDGMENT : Sabina, J. Petitioner had faced trial under Section 138 of the Negotiable Instruments Act 1881 (hereinafter referred to as 'the Act') regarding dishonour of cheque dated 6.2.2014. 2. Trial Court vide judgment/order dated 20.5.2016 ordered the conviction and sentence of the petitioner under Section 138 of the Act. Appeal filed by the petitioner was dismissed by the appellate court vide order dated 26.11.2016. Hence the present petition by the petitioner. 3. Learned counsel for the petitioner has submitted that parties have amicably settled their dispute. Learned counsel submitted that he does not challenge the conviction of the petitioner under Section 138 of the Act but has submitted that sentence qua imprisonment of the petitioner be reduced to the period already undergone by him. Learned counsel has further submitted that in view of the compromise effected between the parties petitioner is not required to pay the amount of fine to the tune of Rupees Two Lacs Forty Thousand to the complainant. 4. Complainant is present in person along with his counsel and has not controverted the submissions made by the learned counsel for the petitioner. Complainant has stated that he has received the entire amount in question and the sentence qua imprisonment of the petitioner be reduced to the period already undergone by him and the sentence qua fine imposed by the trial court be set aside. 5. Accordingly the conviction of the petitioner under Section 138 of the Act is maintained. However, sentence qua imprisonment of the petitioner is reduced to the period already undergone by him. Sentence qua fine as imposed by the courts below is set aside. Petitioner who is in custody be set at liberty forthwith, if not required in any other case. Petition stands disposed of accordingly.