Jharkhand High Court
Mangal Singh Korwa vs The State Of Jharkhand on 5 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 321 of 2013
Mangal Singh Korwa, son of Sri Sadan Korwa, Resident of
Hatgamharia, P.O. & P.S. Hatgamharia, District - Singhbhum
East ... ... Petitioner
Versus
1. The State of Jharkhand
2. Soma Das, W/o late Birendra Das
R/o - Tamar Bandh, P.O. - Chaibasa, P.S. - Muffasil
District - W. Singhbhum, Jharkhand
... ... Opposite Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Ms. Gauri Debi, Advocate
For the Opp. Party No.2: Mr. Krishanu Roy, Advocate
For the Opp. Party - State: Md. Hatim, Advocate
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19/05.10.2021 Heard Ms. Gauri Debi, learned counsel appearing on
behalf of the petitioner.
2. Heard Mr. Krishanu Roy, learned counsel appearing on
behalf of the opposite party no.2.
3. Heard Md. Hatim, learned counsel appearing on behalf of
the opposite party - State.
4. Learned counsel for the petitioner submits that this
criminal revision application has been filed against the
judgement dated 07.03.2013 passed by learned Additional
Sessions Judge - II, West Singhbhum, Chaibasa in Cr. Appeal
No.06/2012 affirming the judgment of conviction and order of
sentence both dated 12.12.2011 passed by learned Civil Judge
(Junior Division) cum - Judicial Magistrate, 1st Class, Chaibasa
in Complaint C- 1 Case No.04/2010 corresponding to T.R.
No.315/2011 whereby the petitioner has been convicted under
Section 138 of N.I. Act and has been sentenced to undergo S.I
for six months and to pay a compensation of Rs.2 lakhs to the
complainant.
5. Learned counsel for the petitioner submits that pursuant
to order dated 22.03.2021, the petitioner has deposited an
amount of Rs.38,333/- on 07.04.2021; Rs.38,333/- on 23.07.2021
and Rs.1,53,340/- on 31.08.2021, total being Rs.2,30,006/-. She
further submits that the aforesaid amount has been deposited in
the bank account of this Court, whose details have been
mentioned in order dated 23.03.2021.
6. Learned counsel submits that in view of the order dated
23.03.2021, the aforesaid deposited amount may be taken as the
compromise amount and the same may be remitted in favour of
the opposite party no.2, who happens to be the wife of the
original opposite party no.2.
7. Learned counsel for the petitioner further submits that
considering the fact that the entire amount has been deposited,
the conviction as well as the sentence of the petitioner be set
aside. She submits that the matter relates to conviction for
offence under Section 138 of Negotiable Instruments Act which
is compoundable in nature and the matter has been settled
between the parties.
8. Learned counsel appearing on behalf of the opposite
party no.2 submits that he has already taken instructions and it
has also been recorded in the earlier orders of this Court that if
the compromise amount is paid, then he will have no objection
if the conviction as well as the sentence of the petitioner for
offence under Section 138 of Negotiable Instruments Act is set
aside.
9. He submits that the amount which has been deposited by
the petitioner before this Court though not in the manner
prescribed by this Court, the amount is still acceptable to the
opposite party no.2 and the same may be directed to be
remitted to the opposite party no.2 upon due identification. He
also submits that considering the fact that the matter has been
settled out of Court, appropriate order for setting aside the
judgment of conviction and sentence be passed in favour of the
petitioner.
10. After hearing the learned counsel for the parties and
considering the facts and circumstances of this case, it appears
that the dispute between the parties has been resolved and they
have settled the matter outside the Court and consequently, the
petitioner has deposited an amount of Rs.2,30,006/- in the bank
account of this Court and such deposit is also supported by
Annexure -1 to the affidavit dated 14.09.2021 which is on
record.
11. As the parties have settled their dispute outside the
Court, the present criminal revision petition is disposed of in
terms of the compromise and accordingly the judgment of
conviction and sentence of the petitioner dated 12.12.2011
passed in Complaint C- 1 Case No.04/2010 corresponding to
T.R. No.315/2011 by the learned Civil Judge (Junior Division)
cum - Judicial Magistrate, 1st Class, Chaibasa as well as the
order and judgment dated 07.03.2013 passed in Cr. Appeal
No.06/2012 by the learned Additional Sessions Judge - II, West
Singhbhum, Chaibasa are hereby set aside.
12. The learned Registrar General is directed to release the
entire aforesaid deposited amount by the petitioner in favour of
the present opposite party no.2 upon due identification. It will
be open to the learned counsel for the opposite party no.2 to
furnish the bank details of the opposite party no.2 with identity
proof so that the amount can be remitted through online and
the learned Registrar General shall do the needful.
13. Accordingly, the present criminal revision petition is
hereby disposed.
14. The petitioner is discharged from his liabilities under the
bail bond furnished by him.
15. Pending interlocutory application, if any, is closed.
16. The office is directed to send back the lower court records
to the court concerned.
17. Let this order be communicated to the learned court
below through 'FAX/ e-mail'.
(Anubha Rawat Choudhary, J.)
Saurav
