This revision petition has been filed against the judgment dated 15.12.2014 passed by the learned Special Judge, (Prevention of Atrocities SC/ST
Cases) Jodhpur in Criminal Appeal No.197/2011, whereby the appeal of the petitioner has been dismissed and the judgment dated 15.06.2011 passed
by the learned Additional Metropolitan Magistrate, Jodhpur City, Jodhpur convicting 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.75,000/-.
Learned counsel for the petitioner submits that during the pendency of the revision petition, 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 compromise dated 24.09.2019 has been passed over to this Court during the course of argument, which shall
be formed part of the record. 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.
Counsel for the respondent No.1 concurs the fact of compromise arrived between the parties.
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 66,3 the
sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside. However, since the compromise has been arrived at
after rejection of the appeal preferred by the petitioner, a cost of 15% 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 conviction and sentence of imprisonment awarded to the petitioner for offence under Section 138 NI Act vide judgments dated
15.06.2011 and 15.12.2014 are hereby set aside on the basis of the aforesaid compromise. The cost shall be deposited by the petitioner before the
Legal Services Authority, Jodhpur within a period of 20 days from today. In case, the cost is not deposited by the petitioner before the Legal Services
Authority within the stipulated period, the revision petition may be listed before this Court for passing appropriate orders.
The revision petition is disposed of accordingly. Stay petition also stands disposed of.
