Jharkhand High Court
Gunadhar Shaw vs The State Of Jharkhand on 3 November, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.1744 of 2017
With
I.A. No.8810 of 2018
With
I.A. No.6661 of 2019
Gunadhar Shaw ...... Petitioner
Versus
1. The State of Jharkhand
2. Nirmal Kumar Tiwary ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Samir Kumar Lall, Advocate
For the State : Mr. Vishwanath Ray, A.P.P
For the O.P. No.02 : Mr. Shubham Mishra, 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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rd
06/Dated: 03 November, 2021
1. Heard learned counsel for the petitioner, learned A.P.P
and learned counsel for the O.P. No.02.
2. It has been jointly submitted by the learned counsel for
the parties that I.A. No.8810 of 2018 has been filed as joint
compromise petition stating therein that the parties have
settled their dispute out side the Court and the money has
been transacted between the parties and the complainant/
O.P. No.02 has no grievance against the petitioner. I.A.
No.6661 of 2019 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 the offence in question is compoundable as
per Section 147 of the Negotiable Instruments Act, and since
the matter has been compromised between the parties and
the complainant/ O.P. No.02 has no grievance against the
petitioner, as such, the present revision application may be
allowed by setting aside the judgment dated 08.09.2017,
passed in Cr. Appeal No.93 of 2017, by the court of learned
District & Additional Sessions Judge, Ghatshila, and the
judgment and order of sentence dated 29.06.2017, passed by
the court of learned Judicial Magistrate, 1st Class, Ghatshila,
in C-1 Case No.157 of 2014 (Trial No.115 of 2017), whereby
the petitioner has been found guilty and convicted for the
offence under Section 138 of the Negotiable Instruments Act,
and sentenced to undergo simple imprisonment of one year
and to pay the compensation amount of Rs.5,00,000/- (Rupees
five lakhs) to the complainant/ O.P. No.02.
3. Considering the arguments of the learned counsel for
the parties and the fact that the offence is compoundable as
per Section 147 of the N.I. Act and further, there is settlement
arrived between the parties, accordingly the judgment dated
08.09.2017, passed in Cr. Appeal No.93 of 2017, by the court
of learned District & Additional Sessions Judge, Ghatshila,
and the judgment and order of sentence dated 29.06.2017,
passed by the court of learned Judicial Magistrate, 1 st Class,
Ghatshila, in C-1 Case No.157 of 2014 (Trial No.115 of 2017),
are, hereby, quashed and set aside. The petitioner is
exempted from surrendering in the court below and acquitted
of the offence under Section 138 of the N.I Act in terms of the
compromise entered into between the parties.
4. In the result, the present revision application stands
allowed and I.A. Nos.8810 of 2018 & 6661 of 2019 stand
disposed off.
(Rajesh Kumar, J.)
Chandan/-
