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Mohan Mandal vs The State Of Jharkhand
2021 Latest Caselaw 4744 Jhar

Citation : 2021 Latest Caselaw 4744 Jhar
Judgement Date : 10 December, 2021

Jharkhand High Court
Mohan Mandal vs The State Of Jharkhand on 10 December, 2021
                         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Criminal Revision No. 532 of 2021
                                            ....
                Mohan Mandal                                       ....    Petitioner
                                            Versus
                1. The State of Jharkhand
                2. Rajesh Kumar Prasad                             .... Opposite Parties
                                            ....
                CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner              : Mr. Baibhaw Gahlaut, Adv.
                For the State                   : Ms. Ruby Pandey, A.P.P.
                For the O.P. No.2               : Mr. Satyam Parmar, Adv.
                                                ....

04/10.12.2021             The instant criminal revision has been filed against the judgment dated

22.07.2021 passed by the learned Addl. Sessions Judge-V, Bokaro in Criminal Appeal No.89 of 2019, affirming the judgment dated 23.04.2019 passed by the Judicial Magistrate, 1st Class, Bokaro in CP Case No.320 of 2015, corresponding to T.R. No.69 of 2019 by which the petitioner has been held guilty under Section 138 of the Negotiable Instrument Act and sentenced to undergo S.I. for one year with compensation and in default of payment of compensation amount of Rs.1,30,000/-, further sentenced to undergo S.I. for two months.

It has been submitted by learned counsel for both the parties that the matter has been settled outside the Court and money has been transacted. It has been further submitted that the offence in question is compoundable as per Section 147 of the Negotiable Instruments Act and since the matter has been compromised, the opposite party has no grievance against the petitioner and as such, the present revision application may be allowed.

In view of settlement of dispute, the offence is hereby, compounded and the impugned orders dated 22.07.2021 passed by the learned District & Addl. Sessions Judge-V, Bokaro in Criminal Appeal No.89 of 2019 and the judgment dated 23.04.2019 passed by the Judicial Magistrate, 1st Class, Bokaro in CP Case No.320 of 2015, corresponding to T.R. No.69 of 2019 are, hereby, set aside.

In view of the above order, I.A. No.6909 of 2021 filed for exemption from surrender also stands disposed of.

(Rajesh Kumar, J.) Shahid/

 
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