Prabir Kumar Sarkar @ P. K. Sarkar @ ... vs The State Of Jharkhand
2023 Latest Caselaw 1763 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Revision. No. 940 of 2016

         Prabir Kumar Sarkar @ P. K. Sarkar @ Pravin Kumar Sarkar
         @ Prabir Kr. Sarkar               ...     ...          Petitioner
                                           - Versus -
         1. The State of Jharkhand
         2. Pintu Kumar Singh                    ...    ... Opposite Parties
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : M/s. Md. Zaid Ahmed, Advocate For the State : M/s. P. K. Chatterjee, Spl.P.P For the O.P. No.2 : M/s. B. K. Jha, Advocate

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06/26.04.2023 The petitioner has filed this application against the judgment dated 07.04.2016, passed by learned Additional Sessions Judge-VI, Dhanbad in connection with Criminal Appeal No. 228/2013, whereby and wherein, the Additional Sessions Judge-VI, Dhanbad upheld the judgement of conviction and order of sentence passed by learned S.D.J.M., Dhanbad dated 27.05.2013 in connection with C.P. Case No. 149/2009, holding the petitioner guilty of offence under section 138 of the N.I. Act and thereby sentencing him to undergo simple imprisonment for 1 year and to pay compensation of Rs.50,000/- to the opposite party no. 2.

Learned lawyer appearing for the petitioner submitted that the parties have settled their dispute.

Learned lawyer appearing on behalf of the opposite party no. 2 has affirmed this fact.

From the perusal of the order dated 09.08.2016 it appears that the opposite party no. 2 has received the bounced amount from the petitioner and he has got no grievance against the petitioner. As per the provisions of Section 147 of the N.I. Act, the offence under section 138 of the N.I. Act is compoundable in nature.

As the parties have already settled their dispute, "no lis" remains to be adjudicated.

This Criminal Revision Application is allowed. The judgement of conviction and order of sentence passed by the learned court below is set aside.

Pending I.A., if any, also stands disposed of.

(Ambuj Nath, J.)

Saurabh