Mukhiram vs Shyamlal

This revision petition has been filed against the judgment dated 11.10.2017 passed by the learned Additional Sessions Judge, Anoopgarh-camp-

Gharsana, Distt. Sri Ganganagar in Criminal Appeal No.12/2011 (173/2014), vide which, the appeal filed by the petitioner was dismissed and the

judgment dated 18.02.2011 passed by the learned Judicial Magistrate, First Class, Gharsana, Distt. Sri Ganganagar in Criminal Regular Case

No.5638/2008 convicting and sentencing the petitioner for offence under Section 138 N.I. Act has been affirmed. The petitioner was sentenced to

undergo 1 year simple imprisonment along with fine in the sum of Rs.1,11,000/-.

Learned counsel for the petitioner submits that the petitioner and complainant-respondent have entered into a compromise in the spirit of Lok Adalat

and the respondent has received all the amount from the petitioner and does not want to proceed with the matter, therefore the sentence of

imprisonment awarded to the petitioner may be set aside. The affidavit of respondent No.2 to the effect that compromise has been arrived in between

the parties, has been placed on record.

Learned counsel for respondent concurs with the facts stated by the counsel for the petitioner.

I have considered the arguments advanced by counsel for the parties and perused the material available on record.

Having considered the facts and circumstances of the case, since the parties have settled their dispute and complainant respondent 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. 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 light of the

decision rendered by the Hon’ble Apex Court in the case of Damodar S. Prabhu (supra).

Accordingly, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgment dated

18.02.2011 and 11.10.2017 is hereby set aside on the basis of the compromise subject to deposition of cost of 15% of the cheque amount. The cost

shall be deposited by the petitioner before the Legal Services Authority, Jodhpur within a period of 15 days from today. In case, the cost is not

deposited by the petitioner before the Legal Services Authority within the stipulated period, the revision petition may be listed before this Court for

passing appropriate orders.

The revision petition is allowed in the above terms. Stay petition also stands decided accordingly.