Ameen vs State of Rajasthan and Another

Govind Mathur, J.—The Additional Chief Judicial Magistrate No. 2, Bikaner by the judgment and order dt. 10.03.2008 convicted the petitioner for commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo six months'' simple imprisonment. The petitioner was further directed to pay a sum of Rs. 95,000/ - as compensation to the complainant Kishan Soni. An appeal preferred to challenge the judgment and order dt. 10.03.2008 came to be rejected by the appellate Court i.e. Sessions Judge, Bikaner vide judgment dt. 28.02.2009. In view of the fact that a sum of Rs. 28,600/- was already paid by the petitioner to the respondent Kishan Soni, the appellate Court ordered to pay compensation for a sum of Rs. 66,400/-. From perusal of the record, it reveals that a sum of Rs. 47,500/- was deposited by the petitioner before filing of this revision and the amount aforesaid is yet with the trial Court. It is submitted by learned counsel for the parties that a sum of Rs. 20,000/- has been further paid to the respondent Kishan Soni by the petitioner on 05.11.2012, as such, the entire compensation has already been paid. It is also stated that the parties have already arrived at an agreement and no dispute now survives between them.

Having considered all the facts of the case, I deem it appropriate to dispose of this revision petition by modifying the sentence of six months'' simple imprisonment as the imprisonment for the period already undergone. The compensation awarded by the trial Court has already been satisfied, as such, nothing more is required to be paid. The trial Court is directed to disburse the sum of Rs. 47,500/- to the respondent Kishan Soni on moving an appropriate application in this regard.