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2022 DIGILAW 2542 (RAJ)

Sher Mohammad v. State of Rajasthan

2022-09-29

PUSHPENDRA SINGH BHATI

body2022
ORDER 1. For the reasons mentioned in the application filed under Section 5 of the Limitation Act, the same is hereby allowed. 2. It is stated at the Bar that a compromise has been arrived at between the parties after the judgment dated 14.11.2019 passed by the appellate court whereby the judgment dated 10.09.2018 passed by the trial court has been affirmed. It is borne out that the complainant-respondent is not inclined to proceed further in the matter. 3. Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Damodar S. Prabhu vs Sayed Babalal H [2010(5) SCC 66]. 4. Having considered the facts and circumstances of the case, since the parties have settled the dispute and complainant respondent had accepted the sum towards full and final settlement of the cheque, 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. (supra), the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside. However, since the compromise has been arrived at after rejection of the appeal preferred by the petitioner, a cost of 15% of the cheque amount deserves to be imposed upon the petitioner in the light of the decision rendered by the Hon’ble Apex court in the case of Damodar S. Prabhu (Supra). 5. Accordingly, the petitioner is directed to deposit 15% of the cheque amount with the State Legal Services Authority, Jodhpur within a period of two weeks from today. 6. The conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 Negotiable Instruments Act, vide judgment dated 10.09.2018 passed by learned Addl. Chief Judicial Magistrate No. 1, Chittorgarh in Regular Criminal Case No. 144/2016 (507/2016) as affirmed by judgment dated 14.11.2019 passed by learned Addl. Session Judge No. 3, Chittorgarh in Criminal Appeal No.155/2018, is hereby set aside on the basis of the aforesaid compromise. The revision petition is disposed of accordingly. All pending applications also stand disposed of.