OMPRAKASH SUNDA Vs. PAWAN KUMAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the judgment dtd. 23/7/2024 passed by the learned Additional Sessions Judge, Deedwana whereby the learned Judge dismissed the appeal of the petitioner and affirmed the judgment dtd. 9/6/2022 passed by the learned Additional Chief Judicial Magistrate, Deedwana whereby the petitioner was convicted for offence under Sec. 138 of N.I. Act and sentenced to undergo one year simple imprisonment along with fine in the sum of Rs.6,90,000.00 and in default of payment of fine, to further undergo three months SI.

(2.) Counsel for the petitioner submits that during the pendency of the revision petition, the petitioner and complainant/respondent have entered into a compromise in the spirit of Lok Adalat and the respondent 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 compromise is already available on record.

(3.) Having considered the facts and circumstances of the case, since the parties have settled the dispute and complainant/respondent has accepted the sum towards full and final settlement of dispute on the satisfaction of the complainant and in the light of provisions of Sec. 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 Sec. 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).