Ganesh Lal vs State Of Rajasthan And Ors

This revision petition has been filed against the judgment dated 30.08.2018 passed by the learned Additional Sessions Judge No.4, Udaipur in Criminal Appeal No.24/2018, vide which, the appeal filed against the judgment dated 31.03.2016 passed by the learned Additional Chief Judicial Magistrate, Vallabh Nagar, District Udaipur in Criminal Regular Case No.6/2014 for offence under Section 138 N.I. Act has been affirmed and the petitioner has been sentenced to undergo six months' simple imprisonment along with fine in the sum of Rs.7,00,000.

Learned counsel for the petitioner submits that 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, therefore the sentence of imprisonment awarded to the petitioner may be set aside. A copy of compromise dated 21.05.2019 has been placed on record.

Learned counsel for respondent No.2 concurs with the facts stated by the counsel for the petitioner.

I have considered the submission advanced by learned counsel for the parties and perused the compromise dated 21.05.2019.

Having considered the facts and circumstances of the case, since the parties have settled their 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 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 NI Act is liable to be set aside.

Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgment dated 31.03.2016 and 30.08.2018 is hereby set aside on the basis of the aforesaid compromise.

Consequently, the revision petition is disposed of. Stay petition is also disposed of. Application (Inward No.01/2019) for early hearing stands allowed accordingly.