Jharkhand High Court
Rakesh Kumar vs The State Of Jharkhand on 29 July, 2021
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.107 of 2021
Rakesh Kumar ...... Petitioner
Versus
1. The State of Jharkhand
2. Md. Tanweer Allam ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. A. K. Chaturvedi, Advocate
Mr. Hadish Ansari, Advocate
For the State : Mr. V. K. Vasistha, A.P.P
For the O.P. No.02 : Mr. Vikas Kumar, 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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th
09/Dated: 29 July, 2021
1. The present revision application is directed against the
judgment dated 17.08.2019, passed in Cr. Appeal No.167 of
2018 by the court of learned Sessions Judge, East Singhbhum
at Jamshedpur, affirming the judgment and order of sentence
dated 26.06.2018, whereby the petitioner has been found
guilty and convicted under Section 138 of the Negotiable
Instruments Act, by the court of learned Judicial Magistrate,
1st Class, Jamshedpur, in C/1 Case No.3055 of 2014 (T.R.
No.51 of 2018). The petitioner has been sentenced to undergo
simple imprisonment of three months and to pay the fine of
Rs.3,00,000/- (Rupees three lakhs only), out of which
Rs.2,95,000/- was ordered to be paid as compensation to the
complainant and rest amount of Rs.5,000/- was to be
appropriated to the State, in default thereof, to suffer S.I of
six months.
2. It has been submitted by the learned counsel for the
petitioner that since both the parties were ready to
compromise and settle the dispute out side the court, as such,
vide order dated 08.04.2021 the petitioner was exempted
from surrendering in the court below.
It has been submitted that in terms of the settlement,
the entire amount of Rs.2,50,000/- (Rupees two lakhs and fifty
thousand only) has already been paid to O.P. No.02. This fact
has been admitted by the learned counsel for O.P. No.02. It
has further been submitted that the offence under Section
138 of the N.I. Act is a compoundable offence. On the above
facts, prayer has been made to quash and set aside the
judgments of the courts below.
3. Learned counsel appearing on behalf of O.P. No.02 has
submitted that there is compromise between the parties. It
has further been submitted that O.P. No.02 has received the
entire amount and he is agreed for compounding the offence.
4. Heard learned counsel for the parties. Since both the
parties have settled their dispute outside the court and as per
Section 147 of the N.I. Act, the offence is compoundable in
nature, hence the offence is compounded.
In view of the above facts and considering the
provisions of law, the compromise is allowed and the
judgment dated 17.08.2019, passed in Cr. Appeal No.167 of
2018 by the court of learned Sessions Judge, East Singhbhum
at Jamshedpur and the judgment and order of sentence dated
dated 26.06.2018 passed by the learned Judicial Magistrate,
1st Class, Jamshedpur, in C/1 Case No.3055 of 2014 (T.R.
No.51 of 2018), 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.
6. In the result, the criminal revision stands allowed.
(Rajesh Kumar, J.)
Chandan/-
