Jharkhand High Court
Binod Kumar Jha vs The State Of Jharkhand on 27 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1113 of 2008
With
I.A. No.2706 of 2009
Binod Kumar Jha, S/o Yaduvir Jha
Resident of Flat NO.101, Aradhana Apartment
Opposite Loreto School Doranda, North Office Para,
P.S. Doranda, District - Ranchi ... ... Petitioner
Versus
1. The State of Jharkhand
2. Jaideo Chatterjee, S/o Samir Kumar Chatterjee
Resident of Round House North Office Para,
P.S. - Doranda, Dist - Ranchi
... ... Opposite Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Pradeep Kumar, Adv.
For the Opp. Parties : Ms. Nehala Sharmin, Adv.
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Through Video Conferencing
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16/27.09.2021 Learned counsel for the petitioner Mr. Pradeep Kumar,
Advocate is present.
2. Nobody appears on behalf of the opposite party no.2.
3. This criminal revision application has been filed against the
order and judgment dated 17.09.2008 passed in Criminal Appeal
No.117/07 by the learned Additional Judicial Commissioner XVIIIth,
Ranchi whereby the learned appellate authority held the
petitioner/appellant guilty of the charges u/s 138 of N.I. Act and
affirmed the conviction order dated 21.05.2007 passed by learned
Judicial Magistrate, Ranchi in Complaint Case No.187/03/T.R. No.895
/07. The learned trial court sentenced the petitioner to undergo S.I of
3 months u/s 138 N.I. Act and directed to pay Rs.5,000/- as a
compensation to complainant as per provision laid down u/s 357
Cr.P.C.
4. Learned counsel for the petitioner submits that one Interlocutory
application being I.A. No.2706 of 2009 has been filed in the present
case which is in the nature of joint compromise petition as the parties
have settled the case outside the court and they are immediate
neighbours. He submits that a prayer has been made in the joint
compromise petition to accept the same and the petitioner/accused be
acquitted and the sentence of fine be also set aside.
5. The learned counsel for the State Ms. Nehala Sharmin, appears
in the present case. She submits that if a joint compromise petition has
been filed and is on record, then the case may be disposed of and as
the matter is between the petitioner and the opposite party no.2 and
the conviction is under Section 138 of Negotiable Instruments Act. She
further submits that she does not have any objection if the conviction
as well as the sentence of the petitioner is set aside pursuant to the
compromise entered into between the parties.
6. After hearing the learned counsel for the parties, this Court finds
that I.A. No.2706 of 2009 is on record which is filed by way of a joint
compromise petition and an affidavit of the complainant as well as the
petitioner is on record. 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 passed in Complaint Case No.187/03/T.R.
No.895 /07 dated 21.05.2007 by the learned Judicial Magistrate, Ranchi
as well as the order and judgment dated 17.09.2008 passed in Criminal
Appeal No.117/07 by the learned Additional Judicial Commissioner
XVIIIth, Ranchi are hereby set aside.
7. Accordingly, I.A. No.2706 of 2009 as well as the present criminal
revision petition is hereby disposed of in terms of compromise.
8. The petitioner is discharged from his liabilities under the bail
bond furnished by him.
9. The office is directed to send back the lower court records to the
court concerned.
10. Let this order be communicated to the learned court below
through 'FAX/ e-mail'.
(Anubha Rawat Choudhary, J.)
Saurav
