Jharkhand High Court
Laxman Gope vs The State Of Jharkhand on 22 July, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.119 of 2021
With
I.A. No.3186 of 2021
With
I.A. No.3187 of 2021
Laxman Gope ...... Petitioner
Versus
1. The State of Jharkhand
2. Kumar Ravish ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Rakesh Kumar Sinha, Advocate
For the State : Ms. Snehlika Bhagat, A.P.P
For the O.P. No.02 : Mr. Rohit Agarwal, 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 July, 2021
1. Issue notice to O.P. No.02.
2. Mr. Rohit Agarwal, learned counsel, accepts notice on
behalf of O.P. No.02 and submits that he has already filed the
vakalatnama on behalf of O.P. No.02 and also filed the joint
compromise petition being I.A. No.3186 of 2021.
3. It has been jointly submitted by the learned counsel for
the parties that I.A. No.3186 of 2021 has been filed as joint
compromise petition stating therein that the parties have
settled their dispute out side the court and exchanged the
money and there is no existing dispute between the parties.
I.A. No.3187 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 offence in question is compoundable as per
Section 147 of the N.I. Act, and since the matter has been
compromised between the parties, the present revision
application may be allowed and the judgment dated
16.12.2020, passed in Cr. Appeal No.04 of 2019, by the court
of learned District & Additional Sessions Judge - III, Dhanbad,
and judgment and order of sentence dated 06.12.2018,
passed by the court of learned Judicial Magistrate, 1 st Class,
Dhanbad, in C.P. Case No.330 of 2017, whereby the petitioner
has been found guilty and convicted under Section 138 of the
Negotiable Instruments Act, and sentenced to undergo simple
imprisonment of six months and to pay the compensation of
Rs.6,50,000/- (Rupees six lakhs and fifty thousand only) to the
complainant and also to pay a fine of Rs.5,000/-, in default
thereof, to suffer S.I of three months, may be quashed and set
aside.
4. Having heard learned counsel for the parties and on
perusal of the records, it appears that there was money
transaction between the parties for which a cheque
amounting to Rs.5,00,000/- (Five lakhs) was issued in favour
of O.P. No.02/ complainant which was dishonourd, for which a
complaint case being C.P. Case No.330 of 2017 was filed in
the court below wherein after considering the evidence, the
petitioner has been convicted and sentenced accordingly.
Against the said conviction order, an appeal being Cr. Appeal
No.04 of 2019 has been filed, wherein the conviction has been
upheld and against the order of conviction, the present
revision application has been filed.
In the present revision application, it has been
submitted by both the parties that the matter has been
settled outside the court and necessary amount has been
transacted between the parties and now the complainant/ O.P.
No.02 has no grievance and he does not want to proceed
further in the matter. Accordingly, considering the above
facts, the judgment dated dated 16.12.2020, passed in Cr.
Appeal No.04 of 2019, by the court of learned District &
Additional Sessions Judge - III, Dhanbad, and judgment and
order of sentence dated 06.12.2018, passed by the court of
learned Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case
No.330 of 2017, 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 compromise entered into between the
parties.
5. In the result, the revision stands allowed and I.A.
Nos.3186 & 3187 of 2021 stand disposed off.
(Rajesh Kumar, J.)
Chandan/-
