Farhat Parween vs The State Of Jharkhand
2021 Latest Caselaw 3689 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.807 of 2019
                         With
                  I.A. No.8082 of 2019
                        With
                  I.A. No.3393 of 2021

    Farhat Parween                            ......     Petitioner
                            Versus
    1.   The State of Jharkhand
    2.   Sujeet Kumar Sahu                    .....   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Nikhil Kumar, Advocate For the State : Mr. Vishwanath Roy, A.P.P For the O.P. No.02 : Ms. Saumya Pandey, Advocate

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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               th
08/Dated: 29        September, 2021

1. Heard learned counsel for the petitioner, learned A.P.P and learned counsel for the O.P. No.02.

2. It has been jointly submitted by the learned counsel for the parties that I.A. No.3393 of 2021 has been filed as joint compromise petition stating therein that the parties have settled their dispute and the money has been transacted between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner. I.A. No.8082 of 2019 has been filed for granting exemption to the petitioner from surrender as the matter has been settled out side the court.

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 judgment dated 06.05.2019, passed in Cr. Appeal No.100 of 2017, by the court of learned Additional Sessions Judge - 1st, Lohardaga, and the judgment and order of sentence dated 28.10.2017, passed by the court of learned Sub Divisional Judicial Magistrate, Lohardaga, in Complaint Case No.365 of 2016 (T.R. No.359 of 2017), whereby the petitioner has been

found guilty and convicted for the offence under Section 138 of the Negotiable Instruments Act, and sentenced to undergo simple imprisonment of one year and to pay the compensation of Rs.10,00,000/- (Rupees ten lakhs) to the complainant.

3. 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 judgment dated 06.05.2019, passed in Cr. Appeal No.100 of 2017, by the court of learned Additional Sessions Judge - 1st, Lohardaga, and the judgment and order of sentence dated 28.10.2017, passed by the court of learned Sub Divisional Judicial Magistrate, Lohardaga, in Complaint Case No.365 of 2016 (T.R. No.359 of 2017), are, hereby, quashed and set aside. The petitioner is exempted from surrendering in the court below and acquitted of the offence under Section 138 of the N.I Act in terms of the compromise entered into between the parties.

4. In the result, the present revision application stands allowed and I.A. Nos.8082 of 2019 & 3393 of 2021 stand disposed off.

(Rajesh Kumar, J.) Chandan/-