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IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Vijay Kumar - Appellant
Versus
State - Respondent
Criminal Revision Petition No. 159 of 2021
Decided on : 15-02-2021
Compromise - Negotiated Settlement - The court set aside the sentence of imprisonment awarded to the petitioner for the offence under Section 138 of the Negotiable Instruments Act (NI Act) based on the compromise reached between the parties, in line with the provisions of Section 147 of the NI Act and the precedent set by the Hon'ble Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 5 SCC 663.
Fact of the Case:
The petitioner filed a revision petition against the judgment of the learned Addl. Sessions Judge, Suratgarh, which affirmed the judgment of the Judicial Magistrate, sentencing the petitioner to 10 months' simple imprisonment and a fine for an offence under Section 138 NI Act. During the pendency of the revision petition, the petitioner and the complainant entered into a compromise, leading to the request to set aside the sentence.
Finding of the Court:
The court considered the compromise between the parties and set aside the sentence of imprisonment awarded to the petitioner based on the satisfaction of the complainant and in accordance with the provisions of Section 147 of the NI Act and the precedent established by the Hon'ble Apex Court.
Issues: The key issue was whether the court should set aside the sentence of imprisonment awarded to the petitioner in light of the compromise reached between the parties.
Ratio Decidendi: The court relied on the provisions of Section 147 of the NI Act and the precedent set by the Hon'ble Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 5 SCC 663 to set aside the sentence based on the compromise between the parties.
Final Decision: The court set aside the conviction and sentence of imprisonment awarded to the petitioner for the offence under Section 138 NI Act based on the compromise between the parties, and disposed of the revision petition accordingly. The stay petition was also disposed of.
JUDGMENT
Manoj Kumar Garg, J. - This revision petition has been filed against the judgment dated 05.02.2021 passed by the learned Addl. Sessions Judge, Suratgarh, District Sriganganagar whereby the appeal of the petitioner has been dismissed and the judgment dated 07.05.2018 passed by the learned Judicial Magistrate, Suratgarh, District Sriganganagar for offence under Section 138 N.I. Act has been affirmed and the petitioner was sentenced to undergo 10 months' simple imprisonment along with fine in the sum of Rs.2,80,000/-.
2. Counsel for the petitioner submits that during the pendency of the revision petition, 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. It is stated that since the parties have entered into compromise and amicably settled their dispute, therefore, the sentence of imprisonment awarded to the petitioner may be set aside. A copy of the compromise dated 06.02.2021 is taken on record.
3. Counsel for the respondent No.2 concurs the fact of compromise dated 06.02.2021 arrived at between the parties.
4. Having considered the facts and circumstances of the case, since the parties have settled the 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., (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 05.02.2021 and 07.05.2018 is hereby set aside on the basis of the aforesaid compromise.
6. The revision petition is disposed of accordingly. Stay petition also stands disposed of.
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