Jharkhand High Court
Jyoti Kumar Singh vs The State Of Jharkhand on 7 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 789 of 2022
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Jyoti Kumar Singh ...... Petitioner
Versus
1. The State of Jharkhand
2. Brahmadeo Prasad Pathak ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Suraj Singh, Advocate
For the State : Mr. Sudhir Kumar Mahto, A.P.P.
For the O. P. No. 2: Mr. Sidhartha Roy, Advocate
......
I.A. No. 7117 of 2022
05/07.09.2022 Learned counsel for the petitioner is directed to serve the
copy of the Criminal Revision Application and copy of I.A. No.
7117 of 2022 to the learned counsel for the complainant -opposite
party no. 2.
2. The present Criminal Revision No. 789 of 2022 has been
filed by the petitioner challenging the judgment dated 19.05.2022
passed in Criminal Appeal No. 46 of 2021 by the learned Sessions
Judge, East Singhbhum, Jamshedpur whereby learned Sessions
Judge, East Singhbhum, Jamshedpur has dismissed the Criminal
Appeal No. 46 of 2021 and affirmed the judgement of conviction
and order of sentence dated 25.09.2021 passed by Miss Kanchan
Kumari, Judicial Magistrate, 1st Class, Jamshedpur in connection
with C/1 Case No. 2502 of 2018 whereby the petitioner has been
convicted for the offences under Section 138 of the N. I. Act and
has been sentenced to undergo S.I. for a period of six(6) months
and to pay a fine of Rs. 2,30,000/- out of which Rs. 2,25,000/- has
to be given to the complainant as compensation under Section
357(3) of Cr. P. C. and in default of payment of fine, further
sentenced to undergo S.I. for a period of one (1) month.
3. I.A. No. 7117 of 2022 has been filed on behalf of the
petitioner for grant of bail to the petitioner, during pendency of the
Criminal Revision Application.
4. Heard learned counsel for the petitioner and learned
A. P. P. and learned counsel for the opposite party no. 2.
5. At the outset, it is submitted by the learned counsel for the
petitioner that the petitioner is ready to settle the dispute and he
has mentioned this fact in para-12 of this I.A. It is further
submitted that the petitioner is ready to pay the entire cheque
amount of Rs. 2,00,000/-. However, it has been submitted that four
weeks' time may be granted to give the said amount to the
opposite party no. 2. It is submitted that the petitioner is in custody
since 24.07.2022 and as such, the petitioner may be enlarged on
bail.
6. Learned counsel for the State and learned counsel for the
complainant-opposite party no. 2 raised no objection at this stage.
7. In view of the fact that there is chance of compromise
between the petitioner and the complainant -opposite party no. 2
and considering the averment made at para-12 of the I. A. No .
7117 of 2022 and also considering the submission of the learned
counsel for the petitioner "at the Bar", during pendency of this
Criminal Revision Application, the petitioner namely Jyoti Kumar
Singh is directed to be released on provisional bail for a period of
six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand only) with two sureties of the like amount each to the
satisfaction of Miss Kanchan Kumari, Judicial Magistrate, 1st
Class, Jamshedpur or her Successor Court in connection with C/1
Case No. 2502 of 2018 subject to the condition that one of the
bailors must be the relative of the petitioner.
8. It will be desirable that the petitioner may hand over the
Demand Draft in the name of complainant -opposite party no. 2 of
Rs. 2,00,000/- to the learned counsel appearing on behalf of the
complainant -opposite party no. 2 or may deposit the said amount
i.e. Rs. 2,00,000/- in the Bank Account of the complainant -
opposite party no. 2 within four weeks from today and file an
affidavit to this effect on the next date fixed in this case.
9. Learned counsel appearing on behalf of the complainant -
opposite party no. 2 may furnish the Bank Account details of the
complainant -opposite party no. 2 to the petitioner.
Criminal Revision No. 780 of 2022
10. Call for the scanned copy of the Lower Court Records.
11. Put up this case on 12.10.2022 under the heading "For
Admission".
(Sanjay Prasad, J.)
Kamlesh/
