Samudra Singh Bhati S/o Shri Bhanwar Singh Bhati vs The State of Rajasthan

This revision petition has been filed against the judgment

dated 06.10.2017 passed by the learned Additional Sessions

Judge (Women Atrocity Cases) Bhilwara whereby the appeal filed

against the judgment dated 28.11.2015 passed by the learned

Special Judicial Magistrate (N.I. Act) Cases No.1, Bhilwara for

offence under Section 138 N.I. Act has been affirmed and the

petitioner has been sentenced to undergo three months simple

imprisonment along with fine in the sum of Rs.60,000/-.

Today a joint application No.1512/2017 has been filed by the

petitioner and the respondent No.2 in which it has been stated

that in the spirit of Lok Adalat the parties have entered into

compromise and amicably settled their issues, therefore, sentence

of imprisonment awarded to the petitioner may be set aside.

Counsel for the petitioner submits that the complainant

respondent No.2 has received the complete cheque amount from

the accused-petitioner and does not want to proceed in the

matter.

Having considered the facts and circumstances of the case,

since the parties have settled the dispute and complainant has

received the complete cheque amount and in the light of the

provisions of Section 147 of N.I. 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 N.I. Act is

liable to be set aside.

Accordingly the conviction and sentence of imprisonment

awarded to the petitioner for offence under Section 138 N.I. Act

vide judgment dated 28.11.2015 passed by the Special Judicial

Magistrate (N.I.Act) Cases No.1, Bhilwara and judgment dated

06.10.2017 passed by the learned Additional Session Judge

(Women Atrocity Cases), Bhilwara is hereby set aside on the basis

of aforesaid compromise.

The revision petition is disposed of.