Jharkhand High Court
D. Ravi Shankar Rao @ Doddi Ravi ... vs The State Of Jharkhand & Anr on 31 January, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.1011 of 2022
D. Ravi Shankar Rao @ Doddi Ravi Shankar Rao ..... Petitioner
Versus
The State of Jharkhand & Anr. .... Opp. Parties
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Shailendra Jit, Advocate
For the State : Mr. Santosh Kr. Sukla, APP
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4/31.01.2023 Heard learned counsel Mr. Shailendra Jit appearing on behalf of
the petitioner and learned counsel Mr. Prabhas Chandra Sinha
appearing on behalf of O.P. No. 2.
It has been jointly submitted on behalf of both the parties that
this criminal revision has been directed against the judgment dated
10.12.2020 passed by the learned court of Sessions Judge, East
Singhbhum, Jamshedpur in Cr. Appeal No. 16 of 2018, whereby and
where under he has dismissed the appeal and affirmed the order of
conviction dated 18.12.2017 passed by the learned J.M. 1 st class,
Jamshedpur in connection with C/1 Case No. 2069/2015, T.R. No.
521/2017 by which the petitioner was held guilty for the offence
punishable u/s 138 of the N.I. Act, and sentenced to undergo S.I. for
30 days and also ordered to pay fine of Rs. 1,05,000/- out of which Rs.
1,00,000/- was ordered to be paid as compensation to the Complainant
and Rs. 5,000/- was appropriated to the State. However, the learned
Appellate court has modified the sentence of S.I. of 30 days only with
sentence of fine and payment of compensation. Sentence of fine of Rs.
5,000/- which shall be paid to the State remains affirmed and the
order to pay compensation of Rs. 1,00,000/- to the complainant is
enhanced to Rs. 1,10,000/-. Default sentence of three months S.I. in the
event of nonpayment of fine also remains affirmed.
It has further been pointed out by learned counsels appearing on
behalf of both the parties that during the pendency of this criminal
revision, one joint compromise petition has been filed between both
the parties as the matter has been resolved between the petitioner and
the complainant O.P. No. 2 once and for all vide I.A. No. 9852 or 2022,
which is duly sworn on affidavit by the petitioner and the
complainant. It has been jointly submitted in the said joint
compromise petition vide I.A. No. 9852 of 2022 that the petitioner and
the complainant opposite party No. 2 have settled their dispute
amicably outside the court and the petitioner has already paid the
entire compensation amount to the complainant opposite party No. 2
and the opposite party No. 2 has no grievance against the petitioner
and cordial relationship has been established between both the parties
and it is submitted by learned counsel appearing on behalf of O.P. No.
2 that he does not want to proceed with the case. It has also been
pointed out that this joint compromise has arrived at between both the
parties without any coercion and pressure and both of parties
including the petitioner and O.P. No. 2 have willingly and voluntarily
entered into the compromise and therefore it is urged on behalf of
both the parties that let the petitioner be exempted from surrendering
in the court and further after condoning the delay of 179 days in filing
of the criminal revision application, let this criminal revision
application be disposed of in terms of compromise and settlement
arrived at between the parties in the light of the aforesaid submission
jointly advanced on behalf of both the parties including the petitioner
and opposite party No. 2.
It is found that the petitioner was convicted for the offence
punishable u/s 138 of the N.I. Act an during pending of this Criminal
Revision Application, compromise has taken place between both the
parties, in which the complainant opposite party No. 2 has received
the total amount and now he has no grievance against this petitioner
and further the complainant does not want to pursue this case. It is
found that one I.A. No. 9850 of 2022 has been filed on behalf of the
petitioner to condone the delay of 179 days in filing this criminal
revision application. It has been pointed out that the offence, under
which the petitioner has been convicted is compoundable in nature
under section 138 of N.I. Act and since the compromise has taken
place between both the parties and therefore it is urged that let this
criminal revision application be disposed of in terms of compromise
and settlement. Further it is found that one another I.A. No. 9851 of
2022 has also been filed, in which it has been submitted by learned
counsel appearing on behalf of the petitioner to exempt the petitioner
from surrendering in the court below on the basis of joint compromise
petition arrived at between the parties.
Having taken into consideration the aforesaid compromise and
settlement arrived at between the parties and the submissions
advanced on behalf of the parties, the delay in filing the criminal
revision application is hereby condoned and as such the I.A. No.9850
of 2022 is allowed and further also the petitioner is exempted from
surrendering in the court below in view of the joint compromise
arrived at between the parties and accordingly I.A. No. 9851 of 2022 is
also allowed, since both the parties have entered into the compromise
and opposite party No. 2 have no grievance at all and he does not one
to continue with this case.
Accordingly, this criminal revision application is allowed to be
compounded in terms of compromise and settlement arrived at
between the parties and accordingly the Judgment dated 10.12.2020
passed by learned Sessions Judge, East Singhbhum, Jamshedpur in Cr.
Appeal No. 16 of 2018, and the judgment of conviction and order of
sentence dated 18.12.2017 passed by the learned J.M. 1st class,
Jamshedpur in connection with C/1 Case No. 2069/2015, T.R. No.
521/2017 are hereby set aside and the petitioner is acquitted from the
charges leveled against him.
(Navneet Kumar, J.)
R.Kumar
