Jharkhand High Court
Swagat Adhikari vs The State Of Jharkhand on 24 June, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.903 of 2020
With
I.A. No.190 of 2021
With
I.A. No.808 of 2021
With
I.A. No.1935 of 2021
Swagat Adhikari ...... Petitioner
Versus
1. The State of Jharkhand
2. Mrinal Kanti Roy ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. J. N. Upadhyay, Advocate
For the State : Mr. Md. Hatim, A.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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th
04/Dated: 24 June, 2021
I.A. No.808 of 2021
1. Learned counsel for the petitioner has submitted that
during the pendency of the revision application, complainant/
O.P. No.02 died on 23.10.2020, leaving behind his legal heir
namely, Mreenmoy Roy. Accordingly, learned counsel seeks
permission to substitute the legal heir namely, Mreenmoy Roy,
in place of the deceased complainant/ O.P. No.02.
2. Mr. Suraj Singh, learned counsel appearing on behalf of
the legal heir of the deceased complainant/ O.P. No.02, has
submitted that he has filed the vakalatnama on behalf of the
legal heir and he has no objection.
3. In view of the submission of learned counsel for the
parties, I.A. No.808 of 2021 stands allowed.
4. Office is directed to make necessary correction by
deleting the name of the deceased complainant/ O.P. No.02 and
in his place mention the name of Mreenmoy Roy, the legal heir,
in the cause title of the revision application.
Cr. Revision No.903 of 2020
With
I.A. Nos.1935 of 2021 & 190 of 2021
1. This revision has been preferred against the judgment
dated 08.09.2020, passed in Cr. Appeal No.47 of 2020 by the
court of Sessions Judge, Jamshedpur, affirming the judgment
dated 22.02.2020, whereby the petitioner has been found
guilty and convicted under Section 138 of the Negotiable
Instruments Act, by the court of learned Judicial Magistrate, 1 st
Class, Jamshedpur, in C/1 Case No.196 of 2017 (T.R. No.24 of
2020). The petitioner has been sentenced to undergo simple
imprisonment of four months and to pay the compensation of
Rs.3,80,000/- (Rupees three lakhs eighty thousand only) to the
complainant.
2. Learned counsel for the petitioner has submitted that
during the pendency of the revision application, both the
parties have amicably settled the matter and joint compromise
petition has been filed vide I.A. No.1935 of 2021. 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 the legal heir of the deceased complainant has
admitted that the due amount has been paid to him and he is
ready to compound the offence.
4. Heard learned counsels for the parties. As per Section
147 of the N.I. Act, the offence is compoundable in nature.
Accordingly the compromise is allowed and the judgment
dated 08.09.2020, passed in Cr. Appeal No. 47 of 2020 by the
court of learned Sessions Judge, Jamshedpur and the judgment
dated 22.02.2020 passed by the learned Judicial Magistrate, 1 st
Class, Jamshedpur, in C/1 Case No.196 of 2017 (T.R. No.24 of
2020), 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 view of the compromise between the parties, I.A.
No.190 of 2021, filed for exempting the petitioner from
surrendering in the court below and from filing the surrender
certificate, as mandated under Rule 159 of the High Court of
Jharkhand Rules, stands allowed.
6. In the result, the revision and I.A. No.1935 of 2021 stand
allowed.
(Rajesh Kumar, J.)
Chandan/-
