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2019 DIGILAW 1072 (RAJ)

Ashok v. State of Rajasthan

2019-04-09

MANOJ KUMAR GARG

body2019
JUDGMENT 1. This revision petition has been filed against the judgment dated 05.03.2019 passed by the Additional Session Judge No. 3, Chittorgarh whereby the appeal of the petitioner has been dismissed and the judgment dated 08.02.2017 passed by the learned Special Judicial Magistrate (NI Act Cases), Chittorgarh for offence under Section 138 N.I. Act has been affirmed and the petitioner sentenced to undergo one year simple imprisonment along with fine in the sum of Rs. 1,50,000/-. 2. Counsel for the petitioner submits that during the pendency of the revision petition, the petitioner and complainant-respondent No. 2 have entered into a compromise in the spirit of Lok Adalat and the respondent No. 2 has received all the amount from the petitioner and does not want to proceed in the matter. The original copy of the compromise dated 26.03.2019 has been passed over to this Court, which is taken on record. It is stated that since the parties have entered into compromise and amicably settled their dispute, therefore, the sentence of imprisonment awarded to the petitioner may be set aside. 3. Counsel for the respondent No. 2 concurs the fact of compromise dated 26.03.2019 arrived between the parties. 4. Having considered the facts and circumstances of the case, since the parties have settled the dispute and complainant respondent No. 2 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 Honble Apex Court in the case of Damodar S. Prabhu v. 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. 5. Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgment dated 08.02.2017 and 05.03.2019 is hereby set aside on the basis of the aforesaid compromise. 6. The revision petition is disposed of. 7. Stay petition is also disposed of.