Pradyumna Kumar Mishra vs The State Of Jharkhand
2021 Latest Caselaw 3066 Jhar

                          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     Criminal Revision No. 565 of 2019
                                              ....

                Pradyumna Kumar Mishra                                 ....     Petitioner
                                              Versus
                1. The State of Jharkhand
                2. Anil Kumar Gupta                                     .... Opposite Parties

                                          ....
                CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner             : Mr. Abhijeet Kr. Singh, Adv.
                For the State                  : APP
                For the O.P. No.2              : Mr. Shravan Kumar, Adv.
                                      ....

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

05/24.08.2021 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the respondent No.2-the victim.

This revision application has been filed against the order dated 15.03.2019 passed by the learned Additional Sessions Judge-I, East Singhbhum, Jamshedpur in Criminal Appeal No.05 of 2015, by which the judgment of conviction and order of sentenced dated 23.12.2014 passed by learned J.M., 1st Class, Jamshedpur in C/1 Case No.1032/ 2002 has been modified to the extent that the petitioner shall undergo S.I. for 3 months for the offence under Section 138 of the N.I. Act, with, compensation of Rs.70,000/- and fine of Rs.30,000/- to be paid to DLSA, Jamshedpur.

From perusal of records, it appears that dishonour of cheque, resulted in the litigation. A complaint case has been filed being Complaint Case No. 1032 of 2002 (T.R. No.1436 of 2014) in which the revisionist has been convicted for the offence under Section 138 of the N.I. Act. The appeal preferred by the revisionist has been partly allowed vide order dated 15.03.2019.

In the present revision, vide order dated 14.08.2019 passed in I.A. No.5965 of 2019, the revisionist has been exempted from surrender.

Para- 5 of the said order is quoted hereinunder:-

"Heard. Perused Annexure-SA/1 and the averments made in the revision application. Since both the parties have amicably settled the dispute, the petitioner is exempted from surrendering in the court below and from filing the surrender certificate till appearance of O.P. No.2"

Thus, both the parties were directed to file compromise petition. A supplementary affidavit dated 01.08.2019 has been filed bringing on record the compromise between the parties and the settlement made in presence of Advocates of both the parties and the money receipt duly signed by them as witness to the settlement.

It has been submitted that the matter has been settled and money has been transacted between the parties and prayer has been made for compounding.

Learned counsel for the State has no objection.

In view of the fact that a settlement has been taken place between the parties and money has been transacted and further both the parties are agreed to compound the offence, accordingly, the offence is compounded and the instant criminal appeal is allowed and the impugned order dated 15.03.2019 passed by the learned Additional Sessions Judge-I, East Singhbhum, Jamshedpur in Criminal Appeal No.05 of 2015 is, hereby, set aside.

(Rajesh Kumar, J.)

Shahid/