Jagdish Kumar vs The State Of Jharkhand
2022 Latest Caselaw 2026 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     Cr. Revision No.1128 of 2018
                                           ....

             Jagdish Kumar                                        ....     Petitioner
                                           Versus
            1.The State of Jharkhand
            2.Manoj Kumar Mehta                                    .... Opposite Parties
                                           ....
             CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner                 : Mr. Sahdeo Choudary, Adv.
                For the State                      : Mr. Tapas Roy, A.P.P.
                For the O.P. No.2                  : Mr. Anil Kumar, Advocate
                                                   ....

05/27.05.2022                 Heard learned counsel for the petitioner, learned A.P.P. as well as learned
                counsel for the O.P. No.2.

It has been jointly submitted by the learned counsel for the parties that I.A. No.4459 of 2022 has been filed as joint compromise petition stating therein that the parties have settled their dispute outside the Court and the money has been transacted between the parties and the complainant/O.P. No.2 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.2 has no grievance against the petitioner, as such, the present revision application may be allowed by setting aside the judgment dated 15th March, 2018 passed in Cr. Appeal No.121 of 2017 by the court of learned Additional Sessions Judge-XII, Hazaribag and the judgment of conviction and order of sentence dated 12th September, 2017 passed by the learned Judicial Magistrate, 1st Class, Hazaribag in Complaint Case No.1554 of 2014, whereby the petitioner has been found guilty under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay a compensation of Rs.2,85,000/- to the complainant.

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 15th March, 2018 passed in Cr. Appeal No.121 of 2017 by the court of learned Additional Sessions Judge-XII, Hazaribag and the judgment of conviction and order of sentence dated 12th September, 2017 passed by the court of learned Judicial Magistrate 1st Class, Hazaribag in Complaint Case No.1554 of 2014 are, hereby, quashed and set aside.

In the result, the present revision application and I.A. No.4459 of 2022 stand allowed.

In view of disposal of revision itself, the pending interlocutory application(s), if any, stands disposed of.

(Rajesh Kumar, J.) Rohit/Tarun