Jharkhand High Court
Anil Prasad vs The State Of Jharkhand on 20 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 279 of 2020
Anil Prasad, aged about 50 years, son of Late Ramswaroop
Prasad, resident of North Sheopuri, Okni No.2, P.O.- Hazaribag,
P.S.- Sadar, District- Hazaribag ... ... Petitioner
Versus
1. The State of Jharkhand
2. Sachidanand Singh @ Sachchida Nand Singh, son of late Ram
Pratap Singh, resident of Hirabag Chowk, Matwari, P.O.
Hazaribag, P.S. Sadar, District Hazaribag
...... Opposite Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Manoj Kumar Sinha, Adv.
For the Opposite Party No.2 : Mr. Hemant Kr. Shikarwar, Adv.
For the State : Ms. Nehala Sharmin, A.P.P.
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Through Video Conferencing
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05/20.09.2021 I.A. No.2585 of 2020
1. This interlocutory application has been filed for
condonation of the delay of 159 days caused in filing the present
revision application.
2. Learned counsel for the petitioner submitted that the
reason for the delay in filing the present criminal revision
application is mentioned in Para- 6 to 9 of the interlocutory
application and therefore, the delay may be condoned for the
ends of justice.
3. Learned counsel for the opposite parties have no
serious objection, so far as condonation of delay is concerned.
4. After hearing the learned counsel for the parties and
being satisfied with the explanation given and the cause shown
by the petitioner, the delay in filing the present criminal
revision application is condoned.
5. Accordingly, I.A. No. 2585 of 2020 is allowed.
I.A. No.3001 of 2021, I.A. No.4772 of 2021 and I.A. No.4664 of
6. I.A. No.3001 of 2021 has been filed by way of joint
compromise petition. I.A. No.4664 of 2021 has been filed for
withdrawing I.A. No.3001 of 2021 alongwith a prayer to
withdraw Vakalatnama executed by the Opposite Party No.2 in
favour of Mr. Brij Nandan Kumar, the learned Advocate. It
appears that same prayers have also been made in I.A. No. 4772
of 2021.
7. It has been submitted by the learned counsel appearing
on behalf of the petitioner that opposite party no.2 has
inadvertently executed 2nd Vakalatnama in favour of another
counsel and directed him to file a joint compromise petition
being I.A. No.3001 of 2021 and subsequently, he realized that
Vakalatnama was already issued to the present counsel for the
opposite party no.2. In such circumstances, I.A. No.4664 of 2021
has been filed for withdrawal of I.A. No.3001 of 2021.
8. The learned counsel appearing on behalf of the
opposite parties have no serious objection in connection with
the prayer made in I.A. No.4664 of 2021 for withdrawal of I.A.
No.3001 of 2021. Accordingly, I.A. No.4664 of 2021 is allowed
and I.A. No.3001 of 2021 stands dismissed as withdrawn. So far
as I.A no. 4772 of 2021 is concerned, it has the same prayer as
that of I.A. No.4664 of 2021 and accordingly the same is also
disposed of.
I.A. No.4726 of 2021 and I.A. No.5153 of 2021
9. Learned counsel for the petitioner submitted that
another interlocutory application being I.A. No.4726 of 2021 has
been filed by way of joint compromise petition through the
learned counsel appearing on behalf of the petitioner Mr. Manoj
Kumar Sinha and through the learned counsel for the opposite
party no.2 Mr. Hemant Kumar Shikarwar.
10. Learned counsel for the petitioner further submitted
that in view of the compromise entered into between the
parties, I.A. No.5153 of 2021 has been filed wherein a prayer has
been made to release the petitioner from jail custody, who has
been arrested on 07.09.2021.
11. With the consent of the learned counsel for the parties
both these interlocutory applications are taken up together
alongwith the main criminal revision petition.
12. The petitioner stands convicted for offence under
Section 138 of Negotiable Instruments Act and sentenced to
undergo Rigorous Imprisonment for 3 (three) months and was
also directed to make payment of Rs.5,80,000/- as
compensation under Section 357 (3) of Cr.P.C. The petitioner
was convicted by the learned Judicial Magistrate, 1st Class,
Hazaribag, vide Judgment dated 04.04.2018 in Complaint Case
No.2466 of 2013 corresponding to T.R. No.0439 of 2018, against
which the appeal preferred by the petitioner being Criminal
Appeal No.71 of 2018 was dismissed by the learned Additional
Sessions Judge - XIV, Hazaribag vide Judgment dated
28.06.2019 and thereafter, the present criminal revision
application has been filed.
13. It has been submitted that the present criminal revision
application was taken up on 19.03.2020 and the learned counsel
for the petitioner on instruction of the petitioner had pleaded
that he is ready to deposit the fine amount before the learned
court below in installments and first installment of
Rs.1,00,000/- was to be deposited at the time of furnishing bail
bond and remaining amount was to be deposited by 30.04.2020.
The petitioner was granted provisional bail vide order dated
19.03.2020 and the matter was directed to be posted on
04.05.2020 which was modified vide order dated 04.05.2020
with modification of the payment schedule and the provisional
bail was extended till 21.10.2020 and subsequently, the
petitioner was directed to surrender immediately vide order
dated 4.11.2020 as the bail bond furnished by the petitioner was
already cancelled by the learned court below on account of non-
deposit of the amount as per schedule. The notice was issued
upon opposite party no.2 and on receiving notice, the opposite
party no.2 appeared through his counsel.
14. It has been jointly submitted by the learned counsel
appearing on behalf of the petitioner and the opposite party
no.2 that during the pendency of the present case, the parties
have settled their dispute outside the Court. It has also been
submitted that as per the direction of this Court, the petitioner
has deposited an amount of Rs.1,00,000/- before the learned
court below on 03.04.2020 and the remaining amount of
Rs.4,80,000/- has been directly given to the opposite party no.2,
whose details are mentioned in I.A. No.4726 of 2021. It has been
jointly submitted by the learned counsels that the entire amount
of Rs.5,80,000/- has been paid to the opposite party no.2, out of
which Rs.1,00,000/- has been deposited before the learned court
below and the remaining amount has been directly paid to the
opposite party no.2. It is submitted that by intervention of the
well-wishers, the petitioner and the opposite party no.2 have
amicably settled the dispute outside the Court and the opposite
party no.2 has no objection, if the criminal revision preferred by
the petitioner is allowed on the basis of the joint compromise
petition.
15. The learned counsel for the State has no objection to the
prayer made jointly by the petitioner and the opposite
party no. 2.
16. Considering the aforesaid facts and circumstances of
this case and the nature of the offence involved in the present
case and also the fact that the petitioner and opposite party no.2
have settled their dispute outside the Court and have filed joint
compromise petition, the present criminal revision application
is disposed of in terms of the compromise entered into between
the parties in order to meet the ends of justice and secure peace
between the parties. Consequently, the Judgment of conviction
and the order of sentence dated 04.04.2018 passed by the
learned Judicial Magistrate, 1st Class, Hazaribag in Complaint
Case No.2466 of 2013 corresponding to T.R. No.439 of 2018
against the petitioner for offence under Section 138 of
Negotiable Instruments Act and the Judgment dated 28.06.2019
passed by learned Additional Session Judge- XIV, Hazaribag in
Criminal Appeal No.71 of 2018 affirming the conviction and
sentence of the petitioner are set aside.
17. It further appears that the petitioner has deposited an
amount of Rs.1,00,000/- before the learned court below and has
directly paid an amount of Rs.4,80,000/- to the opposite party
no.2. Accordingly, the amount deposited by the petitioner
amounting to Rs.1,00,000/- before the learned court below is
directed to be released in favour of the opposite party no.2 upon
due identification.
18. So far as I.A. No.5153 of 2021 is concerned, the criminal
revision having been disposed of in terms of the compromise,
the petitioner is directed to be released from jail immediately, if
the petitioner is not wanted in any other case.
19. Accordingly, I.A. No.4726 of 2021 and I.A. No.5153 of
2021 are hereby allowed with the aforesaid terms.
20. Consequently, this Criminal Revision Application is
disposed of.
21. Let the lower court records be sent back to the court
concerned.
22. Let this order be communicated to the learned court
below through E-mail/FAX.
(Anubha Rawat Choudhary, J.)
Saurav/
