Jharkhand High Court
Indrajeet Kumar vs The State Of Jharkhand on 18 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.387 of 2019
With
I.A. No.2317 of 2020
With
I.A. No.1253 of 2021
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Indrajeet Kumar .... .... Petitioner
Versus
1. The State of Jharkhand
2. Sri Prajapati .... .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. A. K. Pandey, Adv.
For the State : Mrs. Priya Shrestha, Spl.P.P.
For the O.P. No.2 : Mr. Chetan Krishna Nagesh, Adv.
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th
07/Dated: 18 November, 2021
1. Heard learned counsel for the petitioner and learned counsel for the
opposite parties.
2. It has been jointly submitted by the learned counsel for the parties
that I.A. No.2317 of 2020 has been filed for condoning the delay of 347 days
occurred in preferring the instant revision application and I.A. No.1253 of
2021 has been filed for granting exemption to the petitioner from surrender
as the matter has been settled outside the Court by filing joint compromise
petition on 10.01.2018 before the learned lower court and after compliance
of the terms and conditions of compromise, finally the dispute has been
compromised on 18.06.2018 on a non-judicial stamp paper by both the
parties and there is no grievance left between the parties.
3. 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 order dated
10.01.2018, passed in Cr. Appeal No.08 of 2015, by the court of learned
Additional Sessions Judge-XII at Hazaribagh, and the judgment and order of
sentence dated 15.12.2014, passed by the court of learned Judicial
Magistrate, 1st Class, Hazaribag in Complaint Case No.1293 of 2012 (T.R.
No.3647 of 2014) whereby the petitioner has been found guilty and
convicted for the offence under Section 138 of the Negotiable Instruments
Act, and sentenced to undergo rigorous imprisonment of one year and also
directed to pay compensation amount of Rs.6,97,000/- to the complainant.
4. 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
order dated 10.01.2018, passed in Cr. Appeal No.08 of 2015, by the court of
learned Additional Sessions Judge-XII at Hazaribagh, and the judgment and
order of sentence dated 15.12.2014, passed by the court of learned Judicial
Magistrate, 1st Class, Hazaribag in Complaint Case No.1293 of 2012 (T.R.
No.3647 of 2014) are, hereby, quashed and set aside.
5. The petitioner is exempted from surrendering in the court below and
acquitted from the charges under Section 138 of the N.I Act in terms of the
compromise entered between the parties.
6. In the result, the present revision application stands allowed.
7. I.A. Nos.2317 of 2020 & 1253 of 2021 also stand allowed.
(Rajesh Kumar, J.)
Amar/-
