Vijay Singh vs State Of Rajasthan And Others

Rekha Borana, J

It is stated at Bar that a compromise has been arrived at between the parties on 15.06.2022 after the judgment dated 25.05.2022 passed by the appellate court, whereby the judgment dated 27.01.2020 passed by the trial court has been affirmed.

It is borne out from the compromise that the complainant is not inclined to proceed further in the matter.

Learned counsel for the parties have been placed on reliance on a decision of Supreme Court in case of Damodar S. Prabhu Vs. Sayed Babalal H [2010(5) SCC 66].

Having considered the facts and circumstances of the case, since the parties have settled the dispute and complainant respondent No.2 had accepted the sum towards full and final settlement of the cheque, 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 Hon’ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. (supra), the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside. However, as compromise has been arrived at after rejection of the appeal preferred by the petitioner, a cost of 10% of the cheque amount deserves to be imposed upon the petitioner in the light of the decision rendered by the Hon’ble Apex court in the case of Damodar S. Prabhu (Supra).

Accordingly, the petitioner is directed to deposit 10% of the cheque amount with the Deputy Secretary, Rajasthan State Legal Services Authority, Jodhpur within a period of two weeks from today.

The conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 Negotiable Instruments Act, vide judgment dated 27.01.2020 passed by learned Special Judge (NI Act Cases) No.2, Sri Ganganagar in Criminal Original Case No.159/2017; as affirmed by judgment dated 25.05.2022 passed by Additional Sessions Judge No.2, Sri Ganganagar in Criminal Appeal No. 01/2020, are hereby set aside on the basis of the aforesaid compromise.

The revision petition is disposed of accordingly.

All pending applications also stand disposed of.