Rupesh Kumar Gupta vs The State Of Jharkhand & Anr
2023 Latest Caselaw 984 Jhar

IN THE       HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Revision No. 378 of 2016
                                  With
                          I.A. No.2113 of 2023
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Rupesh Kumar Gupta ...... .... Petitioner Versus The State of Jharkhand & Anr. ..... .... Opp. Parties

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CORAM :          HON'BLE MR. JUSTICE AMBUJ NATH
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For the Petitioner        : Mr. Shailendra Jit, Advocate
For the State             : Mr. Vishwanath Roy, Spl.P.P

For the Opp. Party No.2 : Mr. H. K. Shikarwar, Advocate

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11/ Dated 28.02.2023

Heard the parties.

This application is being disposed of at the stage of Admission itself. Petitioner Rupesh Kumar Gupta has preferred this Criminal Revision Application against the Judgment dated 13.10.2015 passed in Cr.Appeal No.143 of 2012 by Sri Rajesh Sharan Singh, learned Additional Sessions Judge-XII, Hazaribag whereby and wherein the learned Additional Sessions Judge-XII, Hazaribag upheld the judgment of conviction and order of sentence dated 28.09.2012 passed in C. Case No.1912 of 2010 (T.R. No.220 of 2012) by Sri Sanjay Singh Yadav, learned Judicial Magistrate, 1st class, Hazaribag, holding the petitioner guilty for the offence under Section 138 of the N.I. Act and thereby sentencing him to undergo simple imprisonment for one year along-with a fine of Rs.10,000/-, in default of payment of fine, the petitioner was further directed to undergo simple imprisonment for two months.

At the very outset, learned counsel for the petitioner has submitted that the parties have resolved their dispute and have compromised the case. It was further submitted that the offence under Section 138 of the N.I. Act is compoundable in nature.

Learned counsel for the opposite party No.2 conceded the fact that the parties have resolved the dispute and the opposite party No.2 does not wish to further contest the case.

I.A. No.2113 of 2023 has been filed, bringing on record the fact that the parties have settled the dispute.

Considering the fact that the offence under Section 138 of the N.I. Act is compoundable in nature and the parties have settled their dispute, the judgment of conviction and order of sentence dated 28.09.2012 passed by Sri Sanjay Singh Yadav, learned Judicial Magistrate, 1 st class, Hazaribag in C. Case No.1912/2010 (T.R. No.220/2012) is hereby, set aside.

This revision application is allowed.

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

BS/                                                   (Ambuj Nath, J.)