Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Parasmal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
MANOJ KUMAR GARG, J.
1.The matter is being heard and decided today itself.
2. This revision petition has been filed against the judgment dated 17.02.2025 passed by the learned Additional Sessions Judge No.6, Jodhpur Metropolitan in Criminal Appeal No.363/2023 (N.C.V. No.363/2023), by which, the appeal filed by the petitioner was dismissed and the judgment dated 31.07.2023 passed by the learned Special Metropolitan Magistrate (N.I. Act Cases) No.6, Jodhpur Metropolitan in Criminal Original Case No.394/2016 convicting and sentencing the petitioner for offence under Section 138 N.I. Act has been affirmed. The petitioner was sentenced to undergo six months’ simple imprisonment along with fine in the sum of Rs.2,00,000/-. In default of payment of fine, the petitioner was sentenced to undergo two months’ simple imprisonment. Learned 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 with the matter, therefore the sentence of imprisonment awarded to the petitioner may be set aside.
3. Learned
A compromise under Section 147 of the NI Act allows for setting aside a conviction for dishonor of cheque, provided the complainant does not wish to proceed and costs are deposited.
A compromise between parties in a Section 138 NI Act case can lead to the setting aside of conviction and sentence, provided the complainant is satisfied with the settlement.
A compromise in a Section 138 NI Act case can lead to the setting aside of conviction if it complies with statutory provisions and judicial precedents.
The court can set aside the sentence of imprisonment for an offence under Section 138 of the NI Act based on a compromise between the parties, in accordance with the provisions of Section 147 of the ....
A compromise between parties in a Section 138 N.I. Act case can lead to the setting aside of a conviction and sentence, provided that a cost is imposed, as per Section 147 of the N.I. Act and relevan....
Compromise in criminal cases under Section 138 NI Act can lead to setting aside of conviction if the complainant is satisfied and has received full payment.
Compromise between parties under Section 147 of the N.I. Act allows for setting aside of conviction, subject to costs as per Supreme Court guidelines.
The court can reduce a sentence to the time already served based on the overall circumstances of the case, even when the conviction is upheld.
The court can set aside the sentence of imprisonment based on a compromise between the parties and the relevant provisions of the NI Act and legal precedents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
