Jharkhand High Court
Krishan Kumar Khetan vs The State Of Jharkhand on 18 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 51 of 2022
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Krishan Kumar Khetan ... ... Petitioner
Versus
1. The State of Jharkhand
2. Ayush Parmaka @
Ayush Kumar Parmaka ... ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Pratiush Lala, Advocate
Mr. Deepak Sahu, Advocate
For the State : Mr. Vineet Kr. Vashistha, Spl.P.P.
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Order No. 04: Dated: 18th January, 2023
Heard the counsels for the parties are present.
It is jointly submitted on behalf of the petitioner as well as O.P.
No. 2 that this criminal revision has been preferred by the petitioner
against the impugned judgment dated 18.12.2021 passed by the
court of learned Sessions Judge, Dhanbad, in connection with
Criminal Appeal No. 42 of 2020 whereby and where under the
learned Sessions Judge reversed the judgment of acquittal dated
12.12.2019 passed by the court of leaned SDJM, Dhanbad in
connection with C.P. Case No. 1831 of 2016 whereby and hereunder
the learned Sessions Judge convicted the petitioner u/s 138 of N.I.
Act and further sentenced him to undergo SI for the terms of six
months and also the petitioner was directed to pay a sum of Rs.
1,63,000/- as compensation to the O.P. 2 and in default of payment
he would further undergo SI for three months.
It has further been jointly submitted that during the pending
of this criminal appeal both the parties have entered into a
compromise and to that effect one I.A. No. 1181 of 2020 has been
filed on behalf of both the parties duly sworn by the petitioner and
O.P. No. 2. It has been jointly submitted by both the parties that O.P.
No. 2 has received the compensation amount as per his full
satisfaction and now no dues left to the petitioner and as such the
O.P. No. 2 has compromised voluntarily without any coercion and
pressure from any corner. From the averments made in the I.A. it is
found that the petitioner has transferred a sum of Rs. 1,63,386/- in
favour of O.P. No. 2 through the fund transfer on 18.05.2022. from
the bank account of the petitioner in HDFC Bank situated at
Dhanbad. It is also found that the O.P. No. 2 has received the said
amount of Rs. 1,63,386/- from the petitioner on 18.05.2022 and no
dues of the O.P. No. 2 is left upon the petitioner. It is further found
that with the credit of the aforesaid amount of Rs. 1,63,386/- in the
bank account of O.P. No. 2 the entire grievances of O.P. No. 2 is
redressed and O.P. No. 2 did not want to prosecute the petitioner as
both have entered into a compromise and matter has been settled
once and for all. It is found that provision of section 138 of N.I.Act is
compoundable in nature and since both the parties have entered
into compromise and therefore, this criminal revision is disposed of
interms of compromise and settlement arrived at between the
parties as set out in I.A. No. 11821 of 2022.
Learned counsel appearing for the petitioner relied upon the
rulings of the Hon'ble Supreme Court as reported in 2009 14 SCC
399.
In the backdrop of the submissions of both the parties, this
criminal revision application is allowed and the impugned
judgment of conviction for the offence punishable u/s 138 of N.I.Act
dated 12.12.2019 passed by the court of leaned SDJM, Dhanbad in
connection with C.P. Case No. 1831 of 2016 is set aside in terms of
compromise and settlement arrived at between the parties as
compounded.
Accordingly, the petitioner is acquitted from the charges
leveled against him.
Accordingly, I.A. No. 11821 of 2022 also gets disposed of.
(Navneet Kumar, J.)
MM
