Jharkhand High Court
Hemal Vora vs State Of Jharkhand on 11 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.525 of 2010
Hemal Vora, S/o Sri Harshad Bhai Vora, Resident of Mining Store,
P.O. & P.S. - Bank More, District - Dhanbad
... ... Petitioner
Versus
1. State of Jharkhand
2. Prabhojot Singh, S/o Late Sardar Narendar Singh, Resident of
Joraphatak Road, P.O., P.S. - Dhansar, District - Dhanbad (Died
on 27.08.2021)
3. Amrit Kaur, wife of late Prabhojot Singh, aged about 48 years,
resident of 40, Baweja Niwas, Punjabi Milan Road, Joraphatak
Road, P.S. Dhansar, P.O. Dhansar, District Dhanbad.
... ... Opposite Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Kalyan Banerjee, Adv.
For the O.P. No.2 : Mr. Shishir Suman, Adv.
For the State : Mr. Shailesh Kumar, Adv.
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Through Video Conferencing
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16/11.03.2022 Heard Mr. Kalyan Banerjee, learned counsel appearing on
behalf of the petitioner.
2. Heard Mr. Shishir Suman, learned counsel appearing on
behalf of the opposite party no.2.
3. Heard Ms. Shailesh Kumar, learned counsel for the State.
4. This criminal revision petition has been filed for the
following relief:
"That, the instant Criminal Revision is directed against the
judgement and order dated 12th of January, 2010 passed in Criminal
Appeal No.34 of 2009 by Additional Sessions Judge, F.T.C. IV,
Dhanbad, whereby and wherein the appellant has been convicted for
the offence committed u/s 138 of the N.I. Act and sentenced to
undergo S.I. for 6 (six) months and also to pay compensation amount
of Rs.6,40,000/- affirming the judgment and order of conviction and
sentence only against this petitioner passed by learned J.M. 1st Class,
Dhanbad in C.P. Case No.513/07 / T.R. Case No.773/09 by judgment
and order dated 5th January 2009."
5. Learned counsel for the petitioner as well as opposite party
no.2 jointly submit that I.A. No.1792 of 2022 has been filed by way
of joint compromise petition. They submit that the matter has been
settled out of court and it has been stated in para 2 and 3 of the joint
compromise petition as under:
"2. That the petitioner has made payment of Rs.2,30,000/-
(Two Lakh Thirty Thousand Only) through IMPS on 28.02.2022
in IDFC Fast Bank, Salt Lake Branch Bank Account
No.10056671628 of the O.P. No.2, accordingly both the party
has come to an agreement of compromise the case on
28.02.2022.
3. That on earlier occasion an amount of Rs.4,10,000/-
(Four Lakh Ten Thousand) has been paid by the petitioner to the
O.P. No.2 accordingly the petitioner has made payment of
Rs.6,40,000/- (Six Lakh Forty Thousand) to the Opp. Party No.2
in consideration to the impugned judgment which has arises out
of judgement dated 05.01.2009 passed in C.P. Case No.513/2007
passed by Shri Debasis Mahapatra, J.M. 1st, Dhanbad."
6. Learned counsel for the parties jointly submit that on
account of compromise, the conviction as well as the sentence of the
petitioner be set aside. They further submit that the matter arises out
of conviction under Negotiable Instrument Act and therefore, there is
no legal impediment in compromising the matter between the
petitioner and opposite party no.2 for the ends of justice.
7. Learned counsel for the State has no serious objection to the
aforesaid prayer made.
8. In view of the aforesaid settlement of dispute between the
petitioner and opposite party no. 2 , I.A. No.1792 of 2022 is hereby
allowed and the order dated 12.01.2010 passed in Criminal Appeal
No.34 of 2009 by Additional Sessions Judge, F.T.C. IV, Dhanbad as
well as the judgment of conviction and sentence against the
petitioner passed by learned Judicial Magistrate 1st class, Dhanbad in
C.P. Case No.513 of 2007/ TR No.773 of 2009 by judgment and
order dated 5.1.2009 for offence under Section 138 of Negotiable
Instrument Act, is hereby set aside.
9. Let the lower court records be sent back to the learned court
below.
10. Let this order be communicated to the learned court below
through FAX/E-mail.
Saurav/
(Anubha Rawat Choudhary, J.)
