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Rajasthan High Court · body

2019 DIGILAW 1233 (RAJ)

Yogesh Kumar v. Chandra Shekar

2019-04-25

MANOJ KUMAR GARG

body2019
JUDGMENT Manoj Kumar Garg, J. - This revision petition has been filed against the judgment dated 15.11.2017 passed by the Learned District & Session Judge, Bikaner whereby the appeal filed by the petitioner has been dismissed and the judgment dated 29.03.2016 passed by the learned Special Judicial Magistrate, (NI Act Cases), No.2, Bikaner has been affirmed whereby the petitioner was convicted for offence under Section 138 N.I. Act and sentenced to undergo one year and ten days simple imprisonment along with fine in the sum of Rs. 3,04,800/-. 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 17.11.2017 is already available on record. 3. Learned counsel for respondent No.1 concurs with the facts stated by the counsel for the petitioner. 4. Heard the counsel for the parties and perused the compromise dated 17.11.2017. 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 vs. Sayed Babalal H. reported in (2010) 5 SCC 663 , the sentence awarded to the petitioner for offence under section 138 N.I. Act is liable to be set aside. 6. Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under section 138 N.I. Act vide judgment dated 29.03.2016 and 15.11.2017 is hereby set aside on the basis of the aforesaid compromise. 7. Hence, the revision petition is disposed of.