Sanjay Choudhary vs The State Of Jharkhand
2021 Latest Caselaw 4949 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.902 of 2020
                           With
                  I.A. No.1407 of 2021

    Sanjay Choudhary                          ......     Petitioner
                            Versus
    1.    The State of Jharkhand
    2.    Subhash Kumar Agarwal               .....   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Petitioner      : Mrs. Jasvindar Mazumdar, Advocate
    For the State           : Ms. Mahua Palit, A.P.P
    For the O.P. No.02      : Mr. Rakesh Kumar Sinha, Advocate
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05/Dated: 21st December, 2021

1. Heard learned counsel for the petitioner, learned A.P.P and learned counsel for the O.P. No.02.

2. It has been jointly submitted by the learned counsel for the parties that the parties have compromised and settled their dispute outside the court and the money has been transacted between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner. The joint compromise petition being I.A. No.1407 of 2021 has also been filed, which is on record.

It has further been submitted by the learned counsel for the parties that the 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 judgment dated 21.10.2020, passed in Cr. Appeal No.213 of 2019, by the court of learned District & Additional Sessions Judge - I, Dhanbad, and the judgment and order of sentence dated 03.12.2019, passed by the court of learned Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No.1272 of 2018 (T.R. No.1392 of 2019), whereby the petitioner has been found guilty and convicted for the offence under Section 138 of the Negotiable Instruments Act, and sentenced to undergo simple imprisonment of one year along with fine of Rs.5,000/- with default clause. He has also been directed to pay the compensation of Rs.7,20,225/- (Rupees seven lakhs twenty thousand two hundred and twenty five) to the complainant.

3. Considering the arguments of the learned counsel for the parties and the fact that the offence is compoundable as per Section 147 of the N.I. Act and further there is settlement arrived between the parties, accordingly the judgment dated 21.10.2020, passed in Cr. Appeal No.213 of 2019, by the court of learned District & Additional Sessions Judge - I, Dhanbad, and the judgment and order of sentence dated 30.12.2019, passed by the court of learned Judicial Magistrate, 1 st Class, Dhanbad, in C.P. Case No.1272 of 2018 (T.R. No.1392 of 2019), are, hereby, quashed and set aside. The petitioner is acquitted of the offence under Section 138 of the N.I Act in terms of the joint compromise between the parties.

4. In the result, the present revision application and I.A. No.1407 of 2021 stand disposed of.

(Rajesh Kumar, J.) Chandan/-