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2019 DIGILAW 1452 (RAJ)

Angurbala v. State of Rajasthan

2019-05-10

MANOJ KUMAR GARG

body2019
JUDGMENT 1. The matter comes up on an application for taking compromise on record. 2. For the reason stated in the application, the application is allowed. 3. The matter is taken up today itself. 4. This revision petition has been filed against the judgment dated 04.07.2016 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur whereby the appeal of the petitioner has been dismissed and the judgment dated 31.03.2015 passed by the learned Special Judicial Magistrate (NI Act Cases) No. 1, Udaipur 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. 4,00,000/-. 5. 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 photostat copy of the compromise dated 27.01.2019 has been passed over to this Court during the course of argument, which shall be formed part of the 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. 6. Counsel for the respondent No. 2 concurs the fact of compromise dated 27.01.2019 arrived between the parties. 7. 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. Learned trial court is directed to release the amount of Rs. 1,00,000/- which was deposited by the petitioner at time of suspension of sentence to the petitioner Angurbala W/o Kailash Saraswat. 8. Learned trial court is directed to release the amount of Rs. 1,00,000/- which was deposited by the petitioner at time of suspension of sentence to the petitioner Angurbala W/o Kailash Saraswat. 8. Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgment dated 31.03.2015 and 04.07.2016 is hereby set aside on the basis of the aforesaid compromise. 9. The revision petition is disposed of. Bail application of suspension of sentence is also decided.