Jharkhand High Court
Moti Lal vs The State Of Jharkhand on 6 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.1186 of 2022
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Moti Lal ... Petitioner
-Versus-
1. The State of Jharkhand
2. Bishwanath Rajwar ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Santosh Kumar, Advocate
For the State : Mr. Praful Jojo, A.P.P.
For the O.P No.2 : Mrs. Pinki Kumari, Adv.
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Order No.05 Dated 06th December, 2022
I.A No.10316 of 2022
Heard Mr. Santosh Kumar, learned counsel for the petitioner, Mr.
Praful Jojo, learned counsel for the State and Mrs. Pinki Kumari, learned
counsel for the O.P No.2.
2. The present interlocutory application being I.A No.10316 of 2022
has been filed under Section 5 of the Limitation Act on behalf of
petitioner for condoning the delay of 128 days in preferring the instant
Criminal Revision Application.
3. Having considered the submissions made by the learned counsel
for the petitioner and the learned counsel for the O.P No.2, and also
having gone through the averments made at paragraph nos.2, 3 and 4 of
this Interlocutory Application, the delay of 128 days in preferring the
instant Criminal Revision Application is hereby, condoned.
4. Accordingly, I.A No.10316 of 2022 is allowed and disposed of.
I.A No.10315 of 2022
5. The present Criminal Revision Application has been filed on
behalf of the petitioner by challenging the order dated 04.08.2021
passed in Criminal Appeal No.124 of 2019 by the learned Additional
Sessions Judge-III, Bokaro, by which, the said criminal appeal has
been dismissed by affirming the judgment of conviction and order
or sentence dated 28.05.2019 passed by the learned Judicial
Magistrate, 1st Class, Bermo at Tenughat in connection with
Complaint Case No.541 of 2018, corresponding to T.R No.310 of
2019, by which, the petitioner has been convicted for the offence
under Sections 138 of the N.I. Act and has sentenced him to undergo
Rigorous Imprisonment for a period of two (02) years and to pay
compensation amount of Rs.8,00,000/ .
6. It is submitted as per the compliant, it is stated that the
complainant has given an amount of Rs.4,00,000/- to the petitioner.
However, during his cross-examination at paragraph No.18, he has
stated that only about of Rs.1,00,000/- to be given to the O.P No.2.
7. It is submitted by the learned counsel for the petitioner
judgments and order passed by the learned Court below are not
sustainable in the eyes of law. It is further submitted that the
petitioner has remained in custody for more than two months and
half months and hence, he may be enlarged on bail.
8. On the other hand, learned counsel for the State has opposed
the bail.
9. Mrs. Pinki Kumari, learned counsel for the O.P No.2 has also
opposed the prayer for bail and has submitted that during the cross-
examination, it is evident that the O.P No.2 has given an amount of
Rs.4,00,000/- to the petitioner as a friendly loan.
10. Perused the FIR, case diary and also considered the
submission on behalf of the parties.
11. It transpires that the petitioner has received an amount of
Rs.4,00,000/- from the complainant and the same was not returned.
12. Considering the facts and on the circumstances of this case, I
am not inclined not inclined to enlarge the petitioner on bail.
According his prayer for bail is hereby, rejected at this stage.
10. Accordingly, I.A No.10315 of 2022 is rejected and stand
disposed of.
Criminal Revision No.1186 of 2022
12. Learned counsel for the parties have submitted that the matter
may be sent to District Legal Service Authority, Bermo at Tenughat
(Bokaro) for an amicable settlement of disputes between both the
sides.
13. Under the circumstances, let the case be referred to DLSA,
Bermo at Tenughat (Bokaro).
14. Both the parties (i.e, the petitioner and the Opposite Party
No.2) shall appear before the learned Secretary, District Legal
Service Authority, Bermo at Tenughat (Bokaro) on 14.12.2022.
15. The learned Secretary, D.L.S.A, Bermo at Tenughat (Bokaro)
in consultation with the learned Principal District & Sessions Judge,
Bokaro and shall appoint a Mediator for an amicable settlement of
disputes between both the sides.
15. The learned Secretary, DLSA, Bermo at Tenughat is directed
to submit his report before this Court on or before 09.01.2023.
16. Accordingly, put up this case on 12.01.2023.
(Sanjay Prasad, J.)
Raja/-
