Jharkhand High Court
Dharmendra Pal @ Dharmendra Paul vs The State Of Jharkhand on 18 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.892 of 2020
With
I.A. No.574 of 2021
With
I.A. No.5460 of 2021
With
I.A. No.5645 of 2021
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Dharmendra Pal @ Dharmendra Paul .... .... Petitioner
Versus
1. The State of Jharkhand
2. Sanjay Kumar .... .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Saurav Kumar, Adv.
For the State : Mr. Priya Shrestha, Spl.P.P.
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th
06/Dated: 18 November, 2021
1. Heard learned counsel for the petitioner and learned A.P.P.
2. It has been jointly submitted by the learned counsel for the parties
that I.A. No.5645 of 2021 has been filed as joint compromise petition stating
therein that the parties have settled their dispute outside the Court and the
money has been transacted between the parties and now the complainant/
O.P. No.02 has no grievance against the petitioner. I.A. No.5460 of 2021 has
been filed for granting exemption to the petitioner from surrender as the
matter has been settled outside the court and the I.A. No.574 of 2020 has
been filed for condoning the delay of 311 days occurred in preferring the
instant revision application.
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 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 08.02.2019, passed in Cr. Appeal No.283 of 2018, by the court of
learned Sessions Judge, East Singhbhum at Jamshedpur, and the judgment
and order of sentence dated 30.11.2018, passed by the court of learned
Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No.2500 of 2014
(T.R. No.86 of 2018), 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 90 days and also
imposed a fine of Rs.3,55,000/- out of which Rs.3,50,000/- was directed to
be paid to the complainant as compensation and rest Rs.5000/- was directed
to be appropriated to the State.
3. Considering the arguments of the learned counsels 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 08.02.2019, passed in Cr. Appeal No.283 of 2018, by the
court of learned Sessions Judge, East Singhbhum at Jamshedpur, and the
judgment and order of sentence dated 30.11.2018, passed by the court of
learned Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No.2500 of
2014 (T.R. No.86 of 2018) 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.
5. I.A. Nos.574 of 2021 & 5645 of 2021 stand allowed and I.A.
No.5460 of 2021 stands disposed of.
(Rajesh Kumar, J.)
Amar/-
