Ashok Pal vs The State Of Jharkhand
2022 Latest Caselaw 985 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.125 of 2019
                         With
                  I.A. No.1945 of 2022

    Ashok Pal                                       ......      Petitioner

                                Versus
    1.    The State of Jharkhand
    2.    Pankaj Agarwal                            .....   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Petitioner          : Mr. Niladri S. Mukharjee, Advocate
    For the State               : A.P.P
    For the O.P. No.02          : Mr. Shravan Kumar, Advocate
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                th
05/Dated: 10         March, 2022

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.1945 of 2022 has been filed as joint compromise petition stating therein that the parties have settled their dispute out side the Court and the money has been transacted between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner.

It has further been submitted by the learned counsel for the parties that the offence in question is compoundable as per Section 147 of the Negotiable Instruments 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 28.11.2018, passed in Cr. Appeal No.42 of 2015, by the court of learned Additional Sessions Judge - I, Giridih, and the judgment of conviction and order of sentence dated 11.08.2015, passed by the court of learned Judicial Magistrate, 1 st Class, Giridih, in Complaint Case No.1592 of 2012 (T.R. No.1135 of 2015), whereby the petitioner has been found guilty and convicted for the offence under Section 138 of the Negotiable Instruments Act, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,18,000/- and in default thereof, to further undergo S.I for one month.

3. Considering the arguments of the learned counsel 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 28.11.2018, passed in Cr. Appeal No.42 of 2015, by the court of learned Additional Sessions Judge - I, Giridih, and the judgment of conviction and order of sentence dated 11.08.2015, passed by the court of learned Judicial Magistrate, 1st Class, Giridih, in Complaint Case No.1592 of 2012 (T.R. No.1135 of 2015), are, hereby, quashed and set aside.

4. In the result, the present revision application and I.A. Nos.1945 of 2022 stand allowed.

(Rajesh Kumar, J.) Chandan/-