Jharkhand High Court
Ishwar Pandit vs The State Of Jharkhand on 25 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1657 of 2019
with
I.A. No. 11968 of 2019
&
I.A. No. 174 of 2020
...
Ishwar Pandit .... Petitioner
-V e r s u s-
1.The State of Jharkhand
2.Mahesh Prasad Barnwal ..... Opposite Parties
...
Coram: HON'BLE MR. JUSTICE AMITAV K. GUPTA
...
For the Petitioner : Mr. Manoj Kumar Sah, Advocate.
For the State : Ms. Pramod Kumar Choudhary, APP
For the O. P. No. 2 : Mr. Veer Vikram Buxray, Advocate.
...
I.A. No. 11968 of 2019
...
04/25.02.2021
1. Learned counsel for the appellant submits that due to
inadvertence, the present interlocutory application has been filed and
he is not pressing the same.
2. Learned A.P.P. is present.
3. In view of the submissions of the learned counsel for the
appellant, I.A. No. 11968 of 2019 stands disposed off, as not pressed.
...
Cr. Revision No. 1657 of 2019
...
1. This revision has been preferred against the judgment dated
19.11.2019, passed in Criminal Appeal No. 38 of 2019 by the
learned Additional Sessions Judge-II, Koderma affirming the
judgment dated 28.02.2019, whereby the petitioner has been
convicted under Section 138 of the Negotiable Instrument Act, by
the court of learned Judicial Magistrate, 1st Class, Koderma in
Complaint Case No. 504 of 2017, (T.R. No. 568 of 2019) and
sentenced to undergo simple imprisonment of 1 year and to pay
the fine of Rs.4,50,000/- (Rupees Four lakhs and Fifty Thousand
only), in default thereof, to suffer S.I of 1 month.
Learned counsel for the petitioner has submitted that during
the pendency of this revision application, on the intervention of
friends, well-wishers and relatives, both the parties have amicably
settled and compromised the matter. In terms of the settlement
arrived at between the parties, the petitioner has paid the settled
amount to Opposite Party No.02.
It is submitted that joint compromise in terms of the
settlement arrived at between the parties has been filed as I.A.
No.174 of 2020. On the above grounds, prayer has been made to
acquit the petitioner of the charge under Section 138 of the
Negotiable Instrument Act.
2. Learned counsel for Opposite Party No.02 has consented that
payment of the entire amount as ordered by the courts below, has
been made to opposite party no. 2. It is submitted that since O. P.
No. 2's grievance has been redressed therefore he does not want to
proceed further with the prosecution of the case.
3. Heard. Considering, the fact, that both the parties have
amicably settled the matter and Opposite Party No.02 has received
the settled amount as full and final settlement of the dispute and
the offence under Section 138 of the N. I. Act is compoundable,
accordingly, the compromise is allowed. Taking into account that
both the parties have amicably resolved the dispute hence
continuation of further proceeding with the case will only be an
exercise in futility resulting in wastage of time of the Court. Thus,
in the interest of justice, the judgment dated 19.11.2019, passed in
Criminal Appeal No. 38 of 2019 by the learned Additional
Sessions Judge-II, Koderma and the judgment dated 28.02.2019,
passed by the court of learned Judicial Magistrate, 1st Class,
Koderma in Complaint Case No. 504 of 2017, (T.R. No. 568 of
2019) are, hereby, quashed and set aside,
4. In the result, the petitioner is acquitted of the charge under
Section 138 of the N.I Act in terms of the joint compromise.
5. In the result, the revision and I.A. No. 174 of 2020, are,
hereby, allowed.
(AMITAV K. GUPTA, J.)
APK
