Jharkhand High Court
Arvind Tiwary vs The State Of Jharkhand on 7 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 974 of 2012
With
I.A. No.1174 of 2021
Arvind Tiwary, son of Sri R. B. Tiwary, resident of Plot No.
7, Padma Road, P.O. Golmuri, P.S. Sidhgora, Town-
Jamshedpur, District- East Singhbhum
... ... Petitioner
Versus
1. The State of Jharkhand
2. Sanjay Jha, son of Sri Banshidhar Jha, Resident of Qr. No.
L4/69, Dindli Road, Burmamines, P.O. and P.S.
Burmamines, Town-Jamshedpur, District- Singhbhum
East.
... ... Opposite Parties
---
CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
For the Petitioner : Mr. Shubham Mishra, Advocate
For the O.P. No. 2 : Mr. Samir Kumar Lall, Advocate
---
Through Video Conferencing
---
11/07.07.2021 Learned counsel for the petitioner Mr. Shubham Mishra is
present.
2. Learned counsel for the Opposite Party No.2 Mr. Samir
Kumar Lall is also present.
3. This criminal revision application has been filed for
setting aside the Judgment dated 01.05.2012 passed by learned
Principal Sessions Judge, East Singhbhum at Jamshedpur in
Criminal Appeal No.92/2010 whereby and whereunder the
conviction and sentence of the petitioner under Section 138 of
the Negotiable Instruments Act passed by the learned trial
court has been confirmed and the criminal appeal has been
dismissed.
4. The learned trial court vide Judgment of conviction and
the order of sentence dated 24.02.2010 passed by the learned
Judicial Magistrate, 1st Class at Jamshedpur in Complaint Case
(C/1) Case No.301 of 2008 had convicted the petitioner under
Section 138 of the Negotiable Instruments Act and had
sentenced him to undergo Rigorous Imprisonment for a period
of one year and to pay a sum of Rs.3,75,000/- to the
Complainant as compensation under Section 357(3) of Cr.P.C.
within a period of three months from the date of
pronouncement of the judgment and in case of default in
payment of the compensation amount, the petitioner was
directed to undergo Simple Imprisonment for a further period
of six months.
5. Learned counsel for the parties jointly submit that the
aforesaid Interlocutory application being I.A. No.1174 of 2021
has been filed in view of the fact that the parties have settled the
dispute out of Court and the present proceedings arises out of
conviction of the petitioner under Section 138 of Negotiable
Instruments Act. Learned counsels have referred to the
interlocutory application and submitted that the entire amount
has already been paid to the Opposite Party No.2 in cash and
Opposite Party No.2 has acknowledged the receipt of the same.
They have also referred to Para-9 of the interlocutory
application wherein it is mentioned that the Opposite Party No.
2 has no objection if the impugned judgements of conviction
and sentence are set aside on the basis of the compromise.
Learned counsels submit that the judgments passed by both the
learned courts below are fit to be set aside as the parties have
settled their disputes out of court and they have no further
grievance against each other and this would help them to
maintain good relationship.
6. After hearing the learned counsel for the parties and
considering the facts and circumstances of this case, this Court
finds that the parties have settled the dispute out of Court and
the Opposite Party No.2 has also received the amount and has
no objection if the conviction and sentence of the petitioner is
set aside on the basis of the joint compromise petition. The
present dispute is apparently within the realm of private
dispute between the petitioner and Opposite Party No.2.
7. Accordingly, in view of joint compromise petition,
submissions of the parties and in order to meet the ends of
justice, the Judgment of conviction and the order of sentence
dated 24.02.2010 passed by the learned Judicial Magistrate, 1 st
Class at Jamshedpur in Complaint Case (C/1) Case No.301 of
2008 as well as the Judgment dated 01.05.2012 passed by
learned Principal Sessions Judge, East Singhbhum at
Jamshedpur in Criminal Appeal No.92/2010 are set-aside.
8. I.A. No.1174 of 2021 is allowed.
9. Accordingly, the present criminal revision petition is
hereby allowed.
10. The petitioner is discharged from his liabilities under the
bail bond furnished by him.
11. The office is directed to send back the lower court records
to the court concerned.
12. Let this order be communicated to the learned court
below through 'FAX/ e-mail'.
(Anubha Rawat Choudhary, J.)
Saurav
