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Judgment
This revision petition has been filed against the judgment
dated 07.10.2017 passed by the Additional Session Judge (Women
Atrocities Cases) Bhilwara whereby the learned Judge rejected the
appeal filed by the petitioner against the judgment dated
05.04.2016 passed by the learned Special Judicial Magistrate, NI
Act Cases No.1, Bhilwara for offence under Section 138 N.I. Act
and affirmed the sentence awarded to the petitioner of one year
simple imprisonment along with fine in the sum of Rs.3,10,000/-.
During the pendency of the revision petition, today a joint
application came to be filed by the petitioner and the respondent
under Section 147 of NI Act. It is stated in the application that the
parties have entered into compromise and amicably settled the dispute, therefore, the sentence of imprisonment awarded to the
petitioner may be set aside.
Counsel for the petitioner submits that the petitioner and
complainant-respondent No.1 have entered into a compromise in
the spirit of Lok Adalat and the respondent No.1 has received all
the amount from the petitioner and does not want to proceed in
the matter. The copy of the written compromise dated 17.10.2017
is placed on record along with the application.
Having considered the facts and circumstances of the case,
since the parties have settled the dispute and complainant
respondent No.1 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 05.04.2016 and 07.10.2017 is hereby set
aside on the basis of the aforesaid compromise.
The revision petition is disposed of.