Sohan Lal vs Gursewak Singh

This revision petition has been filed against the judgment dated 10.10.2017 passed by the learned Additional Session Judge, Anoopgarh-camp-Gharsana, Sri Ganganagar in Criminal Appeal No.44/2017, by which the learned Judge dismissed the appeal and affirmed the judgment dated 15.02.2017 passed by the learned Judicial Magistrate (First Class), Gharsana in Criminal Case No.140/2015 whereby the learned Magistrate convicted the petitioner for offence under Section 138 N.I. Act and sentenced to undergo one year simple imprisonment and to pay compensation in the sum of Rs.90,000/-.

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.

Learned counsel for respondent No.2 concurs with the facts stated by the counsel for the petitioner. The respondent No.2 complainant has filed an affidavit mentioning the fact of compromise.

I have considered the submission advanced by counsel for the parties.

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 criminal revision petition is allowed on the basis of compromise subject to deposition of 15% of the cheque amount before the Legal Services Authority, Jodhpur within a period of four weeks from today. If the petitioner does not deposit the said amount, the revision petition shall stand revived. Consequently, the conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgment dated 10.10.2017 and 15.02.2017 are hereby set aside.