MADANLAL Vs. KISHANLAL

JUDGEMENT

(1.) This revision petition has been filed against the judgment dated 18.08.2020 passed by the learned Addl. Sessions Judge (Woman Atrocities Cases), Udaipur whereby the appeal of the petitioner has been dismissed and the judgment dated 19.12.2019 passed by the learned Special Judicial Magistrate (NI Act Cases) No.4, Udaipur for offence under Section 138 N.I. Act has been affirmed and the petitioner sentenced to undergo six months simple imprisonment along with fine in the sum of Rs.10,00,000/-.

(2.) 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 original copy of the compromise dated 28.08.2020 is already available on 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.

(3.) Counsel for the respondent No.1 concurs the fact of compromise dated 28.08.2020 arrived at 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, 2010 5 SCC 663, 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).