Jharkhand High Court
Narayan Bhakat vs The State Of Jharkhand on 23 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 569 of 2022
....
Narayan Bhakat ...... Petitioner
Versus
1. The State of Jharkhand
2. Sanat Pattanayak ...... Opp. Parties
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Petitioner : Mr. Jitendra N. Upadhayay, Advocate
For the State : Mrs. Priya Shrestha, Spl. P. P.
For the O. P. No. 2 : Mr. Anurag Raj, Advocate.
......
I. A. No. 7077 of 2022
07/23.09.2022 Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party no.
2.
2. I. A. No. 7077 of 2022 has been filed on behalf of both the
sides by way of a joint compromise application.
3. The Criminal Revision No. 569 of 2022 has been filed on
behalf of the petitioner challenging the judgment dated 03.03.2022
passed by the learned Additional Sessions Judge-I, Seraikella-
Kharsawan in Criminal Appeal No. 28 of 2019 by which the learned
Appellate Court has dismissed the appeal by affirming the judgment of
conviction and order of sentence dated 17.05.2019 passed by Sri Niraj
Kumar Vishwakarma, Chief Judicial Magistrate, Seraikella-Kharsawan
in C. C. Case No. 6161 of 2017 by which the petitioner has been
convicted for the offence under Section 138 of the Negotiable
Instrument Act and sentenced to undergo R.I. for a period of two (2)
years and to pay total Rs. 6,00,000/- to the complainant by way of
compensation.
4. It has been submitted by the learned Counsel for the petitioner
that the case has been compromised between the parties and the matter
has been settled and as such, necessary order may be passed. It is
submitted that the petitioner has paid a sum of Rs. 6,00,000/- by
cash to the opposite party no. 2-complainant.
5. On the other hand, learned counsel for the State raised no
objection.
6. On the other hand, learned counsel for the opposite party no. 2
has admitted the factum of compromise between the petitioner and the
opposite party no.2-complainant. It has been submitted that the
complainant/ opposite party no.2 has received Rs. 6,00,000/- by cash
and has submitted that opposite party no.2 -complainant has no
grievance.
7. Perused the I. A. No. 7077 of 2022 and considered the
submission of both the sides.
8. Para- 5, 6, 7 of the I. A. No. 7077 of 2022 are as follows:-
"5. That present joint compromise petition by way of
interlocutory application is being filed in view of the fact
that the petitioner namely, Narayan Bhakat and O.P.
No.2/complainant-Sanat Pattnayak, have settled the disputes
amicably out of the Court. Both the parties have entered into
compromise. The petitioner has given cheque of the alleged
amount which has been accepted by the O.P. No.2. Now,
the O.P. No. 2 has no grievance against the petitioner and
O.P. No.2 does not want to proceed with this case further
more and O.P. No. 2 has no interest in the instant case.
There is no litigation between the O.P. No. 2 and the
petitioner and all the grievances of the O.P. No.2 has been
fulfilled.
6. That under these facts and circumstances both the parties
have resolved and solved their dispute by entering into a
joint compromise and filed the same before this Hon'ble
Court by way of this interlocutory application with a
humble prayer that the same may be accepted the instant Cr.
Revision No. 569 of 2022 may kindly be allowed and
disposed of in the light of compromise.
7. That under these facts and circumstances, the present
joint compromise petition by way of interlocutory
application is being filed bonafide and in the interest of
justice by and between both the parties."
9. Under the circumstances, the judgment dated 03.03.2022
passed by the learned Additional Sessions Judge-I, Seraikella-
Kharsawan in Criminal Appeal No. 28 of 2019 and the judgment of
conviction and order of sentence dated 17.05.2019 passed by Sri NIraj
Kumar Vishwakarma, Chief Judicial Magistrate, Seraikella-Kharsawan
in C. C. Case No. 6161 of 2017 are set aside in the interest of justice.
The petitioner is acquitted from the charges of under Section 138 of the
N. I. Act.
10. Accordingly, this Criminal Revision No. 569 of 2022 is
allowed in terms of compromise.
11. I. A. No. 7077 of 2022 also stands allowed and disposed of.
(Sanjay Prasad, J.)
Kamlesh/
