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High CourtsSINGLE BENCH(2017) 12 RAJ CK 0010

Mahesh Kumar S/o Shri Bhagwati Prasad vs Suresh Kumar Sharma S/o Shri Mathura Lal Sharma

Rajasthan High Court · Decided on 4 December 2017

HON’BLE JUDGES
Manoj Kumar Garg
RESULT
Disposed
CASE NUMBER
1379 of 2017

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Judgment

6 paragraphs · 337 words
1.

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/-.

2.

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.

3.

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.

4.

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.

5.

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.