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(2022) Law Today Live Doc. Id. 18143
Decided on: 18.11.2022
For Petitioner(s):
Mr. Swaroop Singh Sisodia.
For Respondent(s):
Mr. Deependra Singh Shekhawat.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Compromise/ Compounding after conviction -- Parties have settled the dispute and complainant had accepted the sum towards the full and final settlement of the cheque, on the satisfaction of the complainant -- Sentence awarded to the petitioner for offence u/s 138 of NI Act is liable to be set aside -- Petitioner directed to pay a cost of Rs.10,000/- -- Conviction and sentence of imprisonment set aside on the basis of compromise.
(Para 5, 6)
ORDER
KULDEEP MATHUR, J. –
1. For the reasons stated in the application under Section 5 of the Limitation Act, the same is allowed. The delay in filing this revision petition is condoned with. With the consent of the parties, the matter is heard finally.
2. The parties are present in court and they are identified by their respective counsels. It is stated at Bar that a compromise has been arrived at between the parties after the judgment dated 05.12.2018 passed by the learned Additional Session Judge, Gulabpura, District Bhilwara in Criminal Appeal 13/2018 whereby the judgment dated 21.02.2018 passed by learned Additional Chief Judicial Magistrate, Gulabpura, District Bhilwara in Criminal Case No.25/2016 was affirmed.
3. The complainant has filed a compromise dated 22.11.2019 stating that in view of the compromise, the complainant is not inclined to proceed further in the matter.
4. 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) = (2010) Law Today Live Doc. Id. 15231.
5. Having considered the facts and circumstances of the case, since the parties have settled the dispute and complainant had accepted the sum towards the 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 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 of NI Act is liable to be set aside. However, as compromise has been arrived at after rejection of the appeal preferred by the petitioner, in the peculiar facts of the case and looking at the cheque amount involved, a cost of Rs.10,000/- 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). Accordingly, the petitioner is directed to a cost of Rs.10,000/- with the Secretary, Rajasthan 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 of Negotiable Instruments Act vide judgment dated 21.02.2018 passed by learned Additional Chief Judicial Magistrate, Gulabpura, District Bhilwara in Criminal Case No.25/2016 as affirmed by the judgment dated 05.12.2018 passed by the learned Additional Session Judge, Gulabpura, District Bhilwara in Criminal Appeal No.13/2018 is hereby set aside on the basis of the aforesaid compromise.
7. This revision petition is disposed of accordingly.
8. The application filed under Section 5 of the Limitation Act also stands disposed of.
Order accordingly.
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