Jharkhand High Court
Mamita Dwivedy vs The State Of Jharkhand on 5 August, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.278 of 2021
With
I.A. No.3017 of 2021
With
I.A. No.3081 of 2021
Mamita Dwivedy ...... Petitioner
Versus
1. The State of Jharkhand
2. Charanjeet Singh ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. J. N. Upadhyay, Advocate
For the State : Ms. Priya Shrestha, A.P.P
For the O.P. No.02 : Mr. Suraj Singh, Advocate
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The matter was taken up through Video
Conferencing. Learned counsel for the parties had no
objection with it and submitted that the audio and video
qualities are good.
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th
05/Dated: 05 August, 2021
1. Issue notice to O.P. No.02.
2. Mr. Suraj Singh, learned counsel, accepts notice on
behalf of O.P. No.02 and submits that he has already filed the
vakalatnama on behalf of O.P. No.02 and also filed the joint
compromise petition being I.A. No.3081 of 2021.
3. It has been jointly submitted by the learned counsel for
the parties that I.A. No.3081 of 2021 has been filed as joint
compromise petition stating therein that the parties have
settled their dispute out side the court and the money has
been transacted between the parties and the complainant/
O.P. No.02 has no grievance against the petitioner. I.A.
No.3017 of 2021 has been filed for granting exemption to the
petitioner from surrender as the matter has been settled out
side the court.
It has further been submitted by the learned counsel for
the parties that offence in question is compoundable as per
Section 147 of the N.I. Act, and since the matter has been
compromised between the parties and the complainant/ O.P.
No.02 has no grievance against the petitioner, as such, the
present revision application may be allowed by setting aside
the the judgment dated 18.02.2021, passed in Cr. Appeal
No.40 of 2019, by the court of learned Sessions Judge, East
Singhbhum at Jamshedpur, and judgment and order of
sentence dated 19.01.2019, passed by the court of learned
Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case
No.1002 of 2016 (T.R. No.05 of 2019), whereby the petitioner
has been found guilty and convicted under Section 138 of the
Negotiable Instruments Act, and sentenced to undergo simple
imprisonment of three months and to pay the fine of
Rs.1,35,000/- out of which Rs.1,30,000/- was ordered to be
paid as compensation to the complainant and Rs.5,000/- was
directed to be deposited with the State, in default thereof, to
suffer S.I of six months.
4. Considering the arguments of the learned counsels for
the parties and the fact that the offence is compoundable and
there is settlement between the parties outside the court and
further both the parties do not want to proceed further in the
matter, accordingly the judgment dated dated 18.02.2021,
passed in Cr. Appeal No.40 of 2019, by the court of learned
Sessions Judge, East Singhbhum at Jamshedpur, and
judgment and order of sentence dated 19.01.2019, passed by
the court of learned Judicial Magistrate, 1st Class,
Jamshedpur, in C/1 Case No.1002 of 2016 (T.R. No.05 of
2019), are, hereby, quashed and set aside, subject to the
condition of payment of Rs.500/- (Rupees five hundred) to be
deposited in the Advocate's Clerk Association, High Court of
Jharkhand. The petitioner is exempted from surrendering in
the court below and acquitted of the offence under Section
138 of the N.I Act in terms of the compromise entered into
between the parties.
5. In the result, the present revision stands allowed and
I.A. Nos.3017 & 3081 of 2021 stand disposed off.
(Rajesh Kumar, J.)
Chandan/-
