Francis Daunt vs The State Of Jharkhand
2021 Latest Caselaw 4983 Jhar

                                -1-

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.447 of 2021
                         With
                  I.A. No.5739 of 2021
                        With
                  I.A. No.6706 of 2021

    Francis Daunt                            ......      Petitioner

                            Versus
    1.   The State of Jharkhand
    2.   Debendra Nath Chatterjee            .....   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate For the State : Mrs. Priya Shrestha, Spl.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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               nd
05/Dated: 22        December, 2021

1. Heard learned counsel for the petitioner, learned Special 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 I.A. No.5739 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.6706 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 the offence in question is compoundable as per Section 147 of the Negotiable Instruments 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 22.03.2021, passed in Cr. Appeal No.259 of 2019, by the court of learned Additional Sessions Judge - V, Jamshedpur, and the judgment and order of sentence dated 13.11.2019, passed by the court

of learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No.878 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 32 days and to pay the fine amount of Rs.1,68,000/- out of which Rs.1,65,000/- to be paid as compensation amount to the complainant/ O.P. No.02 along with default clause.

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 22.03.2021, passed in Cr. Appeal No.259 of 2019, by the court of learned Additional Sessions Judge - V, Jamshedpur, and the judgment and order of sentence dated 13.11.2019, passed by the court of learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No.878 of 2019, are, hereby, quashed and set aside. 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.

4. In the result, the present revision application stands allowed and I.A. Nos.5739 of 2021 & 6706 of 2021 stand disposed of.

(Rajesh Kumar, J.) Chandan/-