Jharkhand High Court
Md. Shaukat vs The State Of Jharkhand on 14 July, 2023
1 Cr. Revision No.105 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.105 of 2022
Md. Shaukat ..... Petitioner
Versus
1. The State of Jharkhand
2. Pradip Kumar Saw .... Opp. Parties
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Pratiush Lala, Advocate
For the State : Mrs. Vandana Bharti, APP
For the O.P. No.2 : Mr. Ashutosh Pd. Joshi, Advocate
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5/14.07.2023 Heard learned counsel appearing on behalf of the petitioner and
learned counsel appearing on behalf of OP No. 2. Learned APP
appearing on behalf of the State is also present.
2. It is jointly submitted on behalf of the petitioner and the OP No. 2
that this criminal revision application has been preferred with a prayer to
set aside the impugned judgment dated 27.11.2021 passed by learned
Sessions Judge, Dhanbad in connection with the Criminal Appeal No.
37/2020 whereby and whereunder learned Sessions Judge, Dhanbad,
confirmed the impugned judgment dated 10.02.2020 passed by learned
Judicial Magistrate 1st Class, Dhanbad, in connection with the C.P Case
no. 2636/2018 whereby and whereunder the petitioner has been
convicted u/s 138 of N.I Act and sentenced for a fine of Rs.3,15,000/-
(Three lakh Fifteen thousand) and S.I. of 8 months for the offence
punishable u/s 138 of N.I Act. It is directed that out of the fine amount,
Rs.3,10,000/- (Three lakh Ten Thousand) to be paid to complainant and
to be deposited in Nazarat, Civil Court, Dhanbad and Rs.5,000/- (Five
thousand) to be appropriated to the State and in default, the accused
shall undergo S.I. of 1 month in addition.
3. It is further jointly submitted on behalf of both the parties
including the petitioner and the OP No. 2 that during pending of this
criminal revision application, a compromise has taken place between
both the parties in view of the fact that it is a case under section 138 of
the N.I. Act, which is compoundable in nature vide IA No. 5821 of 2023.
2 Cr. Revision No.105 of 2022
4. From perusal of the said IA No. 5821 of 2023, it is found that both
the parties including the petitioner and OP No. 2 have settled their
disputes outside the court with the intervention of the common friends
and well-wishers and the opposite party No. 2 does not want to further
prosecute this case.
5. It has further been submitted on behalf of the OP No. 2 that he has
entered into a compromise and settlement arrived at between the parties
without any pressure, coercion and undue influence from any corner and
the said I.A. No.5821 of 2023, which is a joint compromise petition filed
on behalf of both the parties including the petitioner and OP No. 2, who
have sworn on affidavit separately, which is available on record.
6. Further it is found that the mainly dispute between the parties is
the dishonour of the cheque and which has been resolved between the
parties once and for all. Further the settlement agreement arrived at
between the both the parties have been formulated and photocopy of the
settlement agreement is available on record, which is a part of the I.A.
No.5821 of 2023.
7. In view of the aforesaid settlement agreement arrived at between
the both the parties and taking into consideration that it is a case under
section 138 of the NI Act, which is compoundable in nature, it is found
just an proper that let this criminal revision be allowed as compounded.
8. Accordingly this criminal revision application is allowed as
compounded.
9. The petitioner is acquitted from the charges levelled against him in
terms of the compromise and settlement arrived at between the parties
which is vide settlement agreement which is annexure-I to the I.A.
No.5821 of 2023.
10. Accordingly, this criminal revision application and the
interlocutory application 5821 of 2023 gets disposed of and allowed and
accordingly the IA No. 5820 of 2023 is also disposed of.
(Navneet Kumar, J.)
R.Kumar
