Jharkhand High Court
Animesh Sarkar @ Abhishek Sarkar vs The State Of Jharkhand on 27 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.370 of 2009
With
I.A. No.6186 of 2021
Animesh Sarkar @ Abhishek Sarkar, son of late Naresh Chandra
Sarkhar, resident of Professor Colony, Barganda, P.O. Giridih,
P.S. Giridih (T), District Giridih ... ... Petitioner
Versus
1. The State of Jharkhand
2. Shri Ram Chandra Dalmia, son of Shri Parmeshwar Lal
Dalmia, resident of Pachamba, P.O. Pachamba, P.S. Giridih
(T), District Giridh ...... Opp. Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Shailendra Kr. Singh, Adv.
For the O.P. No.2 : Mr. Yogesh Modi, Adv.
For the State : Mr. Jitendra Pandey, Adv.
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Through Video Conferencing
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08/27.10.2021 Learned counsel for the petitioner Mr. Shailendra
Kumar Singh, is present.
2. Learned counsel for the opposite party No.2 Mr.
Yogesh Modi and learned counsel for the opposite party State
Mr. Jitendra Pandey, are also present.
3. This criminal revision petition has been filed against the
judgment dated 09.02.2009 passed by learned Additional
Sessions Judge, Fast Track Court 9, Giridih in Cr. Appeal No.21
of 2005 whereby the learned court confirmed the judgment
dated 21.05.2005 passed by learned Judicial Magistrate 1st Class,
Giridih in Complaint Case No.1010 of 1998 (T.R. No.217 of
2005). The petitioner has been convicted and sentenced for
rigorous imprisonment of 1 ½ years for the offence under
Section 138 of the Negotiable Instruments Act.
4. Learned counsel for the petitioner and opposite party
no.2 have submitted that they have filed a joint compromise
petition being I.A. No.6186 of 2021 in the present case and the
parties have settled the matter outside the Court. Learned
counsel has also submitted that an amount of Rs.30,000/- has
been deposited before the learned court below which may be
released in favour of the opposite party no.2 as the same also
forms part of the settlement amount between the parties. The
learned counsel for the opposite party no.2 specifically
submitted that appropriate order be issued so that the amount
of Rs.30,000/- is released by the lower court below in favour of
the opposite party no.2.
5. The learned counsels jointly submit that the conviction
as well as the sentence be set aside in terms of the compromise
between the parties.
6. Learned counsel for the State has no objection so far as
the compromise is concerned.
7. Considering the aforesaid submissions, this Court finds
that the present case arises out of conviction of the petitioner for
offence under Section 138 of the Negotiable Instrument Act and
during pendency of the present revision application, the
petitioner as well as the opposite party no.2 have settled the
matter outside the court and have filed a joint compromise
petition being I.A. No.6186 of 2021. It further appears that the
petitioner was directed to deposit an amount of Rs.30,000/-
before the learned court below pursuant to order dated
21.05.2009 and the same has been deposited and in support of
which Annexure - A dated 26.05.2009 has been filed with the
joint compromise petition.
8. Considering the aforesaid facts and circumstances of
the case and also the fact that the matter has been settled
between the parties by way of compromise entered into by the
parties, the present criminal revision is disposed of in terms of
the aforesaid compromise and as prayed for by the parties, the
sentence as well as the conviction of the petitioner passed by
learned Judicial Magistrate 1st Class, Giridih in Complaint Case
No.1010 of 1998 (T.R. No.217 of 2005) as well as the judgment
passed by learned Additional Sessions Judge, Fast Track Court
9, Giridih in Cr. Appeal No.21 of 2005, is hereby set aside.
9. The learned court below is directed to release the
amount of Rs.30,000/- which has been deposited by the
petitioner before the learned court below on 26.05.2009 in
favour of the opposite party no.2 after due identification.
10. Accordingly, I.A. No.6186 of 2021 stands disposed of.
11. The petitioner is discharged from the liabilities of bail
bonds.
12. Pending interlocutory application, if any, is closed.
13. Let the lower court records be sent back to the learned
court below.
14. Let this order be communicated to the learned court
below through FAX/E-mail.
(Anubha Rawat Choudhary, J.)
Saurav/
