Jharkhand High Court
Md. Mehbub Alam Khan vs The State Of Jharkhand And Another .... ... on 7 December, 2023
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.1458 of 2022
Md. Mehbub Alam Khan ..... ... Petitioner
Versus
The State of Jharkhand and another .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate
For the State : Mr. Azeemuddin, APP
For the OP No.2 : Mr. Sheo Kr. Singh, Advocate
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05/07.12.2023 Learned counsel for the petitioner and learned APP for the State
as well as learned counsel for op no.2 are present.
2. It has been jointly submitted by the learned counsel for the
petitioner and learned counsel for op no.2 that a compromise has arrived
between the parties in which the matter has been settled and no dispute is
left. The same compromise is annexure-A of the I.A. No. 9967 of 2023.
3. This interlocutory application is for condonation of delay in
preferring this criminal revision against the impugned judgment of
conviction and sentence.
4. In view of the consent of learned counsel for both the parties and
also taking into consideration the cause of delay, there is sufficient ground to
condone the delay in preferring this criminal revision.
5. Accordingly, the delay of 779 days in preferring this criminal
revision is, hereby, condoned.
6. The instant interlocutory application stands disposed of.
7. The instant interlocutory application is with the prayer to accept
the joint compromise which has arrived between the parties is annexure-A of
this IA.
8. In view of the submissions made by the learned counsel for the
petitioner and the learned counsel for op no.2, I.A. No. 9967 of 2023 is
allowed.
9. Instant criminal revision is against the judgment dated
18.08.2018 in Criminal Appeal No.39 of 2017 whereby the learned appellate
court dismissed the appeal while affirming the judgment of conviction and
sentence passed by the trial court in which the petitioner has been held guilty
for the offence under section 138 of N.I. Act and sentenced him to undergo
simple imprisonment for a period of one year and also directed to pay
compensation of Rs.5,00,000/- to the complainant preferably within a month.
10. It has been submitted by the learned counsel for the parties that
the compromise has arrived between the parties which is annexure-A of the
I.A. No. 9967 of 2023. The terms and conditions of the compromise have
also been complied with by both parties and no dispute is left now and
prayed to decide this criminal revision in the light of the compromise.
11. In view of the submissions made this criminal revision is
disposed of in the light of compromise which is annexure-A of the I.A.
No.9967 of 2023. The impugned order of conviction and sentence dated
08.03.2017 passed by the trial court which was affirmed by the appellate
court dated 18.08.2018 are hereby set aside.
12. Accordingly, this criminal revision stands disposed of.
(Subhash Chand, J.)
RKM
