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2019 DIGILAW 119 (RAJ)

Chatarbhuj v. Shrawanlal Gadari

2019-01-09

MANOJ KUMAR GARG

body2019
JUDGMENT Manoj Kumar Garg, J. - This revision petition has been filed against the judgment dated 09.04.2018 passed by the Additional Session Judge No.1, Bhilwara whereby the learned Judge rejected the appeal filed by the petitioner against the judgment dated 18.03.2015 passed by the learned Special Magistrate NI Act Cases No.1, Bhilwara for offence under Section 138 N.I. Act and affirmed the sentence awarded to the petitioner of six months' simple imprisonment along with fine in the sum of Rs. 2,00,000/-. 2. Counsel for the petitioner submits that the petitioner and complainant-respondent No.1 have entered into a compromise in the spirit of Lok Adalat and the respondent No.1 has received all the amount from the petitioner and does not want to proceed in the matter, therefore the sentence of imprisonment awarded to the petitioner may be set aside. The original copy of the compromise dated 01.11.2018 is passed over to this Court during the course of arguments and the same is taken on record. 3. Mr. Shyam Kumawat appears on behalf of respondent No.1 and concurs with the facts stated by the counsel for the petitioner. 4. Heard the counsel for the parties and perused the compromise dated 01.11.2018. 5. Having considered the facts and circumstances of the case, since the parties have settled their dispute and complainant respondent No.1 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 Hon'ble 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. 6. Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under section 138 NI Act vide judgment dated 18.03.2015 and 09.04.2018 is hereby set aside on the basis of the aforesaid compromise. 7. Hence, the revision petition is disposed of.