Jharkhand High Court
Braj Gopal vs The State Of Jharkhand on 24 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 863 of 2020
with
I.A. No. 519 of 2021
...
Braj Gopal .... Petitioner
-V e r s u s-
1.The State of Jharkhand
2.Shrawan Kumar ..... Opposite Parties
...
Coram: HON'BLE MR. JUSTICE AMITAV K. GUPTA
...
For the Petitioner : Mr. Abhay Kumar Chaturvedy, Advocate.
For the State : Mr. Sanat Kumar Jha, APP
For the O. P. No. 2 : Mr. Vikas Kumar, Advocate.
...
04/22.03.2021
1. The revision is directed against the judgment dated 07.09.2020,
passed by the learned Sessions Judge, East Singhbhum, Jamshedpur
in Criminal Appeal No. 48 of 2020, affirming the judgment dated
20.02.2020, passed by the court of the learned Judicial Magistrate, 1st
Class, Jamshedpur in c/1 case No. 3413 of 2018 (T.R. No.09 of 2020)
whereby the petitioner has been found guilty and convicted of the
offence under Section 138 of the Negotiable Instrument Act and
sentenced to undergo simple imprisonment of 6 months and pay the
fine of Rs.8,05,000/- (Rupees Eight lakhs five thousand).
2. 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 resolved the
dispute and in terms of the settlement arrived at between the parties,
the petitioner has paid Rs.1,00,000/- (Rupees One lakh) in cash to
Opposite Party No.02, for which money receipt has been signed and
rest amount of Rs.7,00,000/- (Rupees Seven lakhs) will be paid in
instalments, as per the terms and conditions of the settlement as agreed
by the parties.
Accordingly, prayer has been made to quash and set aside the
judgments of the courts below.
3. Learned counsel appearing on behalf of Opposite Party No.02
has admitted that the petitioner has paid Rs.1,00,000/- (Rupees One
lakh) in cash to Opposite Party No.02, and rest amount of
Rs.7,00,000/- (Rupees Seven lakhs) will be paid in instalments, in
terms of the settlement arrived at by the parties . It is submitted that
since Opposite Party No. 2's grievance has been redressed therefore he
does not want to proceed further with the prosecution of the case.
4. Heard. Considering, the fact, that both the parties have amicably
settled the matter and the petitioner has paid Rs.1,00,000/- (Rupees
One lakh) in cash to Opposite Party No.02 and executed the agreement
to pay rest amount of Rs.7,00,000/- (Rupees Seven lakhs) in
instalments, which has been agreed to and accepted by Opposite Party
No. 2 and the offence under Section 138 of the N. I. Act is
compoundable, accordingly, the compromise is allowed. Taking into
account the amicable settlement arrived at between the parties, the
continuation of further proceeding in the case shall only be an exercise
in futility leading to wastage of time and an abuse of the process of
Court, therefore in the interest of justice, the judgment dated
07.09.2020, passed in Criminal Appeal No. 48 of 2020 by the learned
Sessions Judge, East Singhbhum, Jamshedpur and the judgment dated
20.02.2020, passed by the learned Judicial Magistrate, 1 st Class,
Jamshedpur in c/1 case No. 3413 of 2018 (T.R. No.09 of 2020) are,
hereby, quashed and set aside,
5. In the result, the petitioner is acquitted of the offence under
Section 138 of the N.I Act in terms of the joint compromise
accordingly I.A. No. 519 of 2021 stands allowed.
(AMITAV K. GUPTA, J.)
APK
