Jharkhand High Court
Harjeet Singh vs The State Of Jharkhand on 31 March, 2023
1 Cr. Revision No. 976 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 976 of 2022
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Harjeet Singh ... ... Petitioner
Versus
1. The State of Jharkhand
2. Jayesh Ashok Thankey ... ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mrs. Vani Kumari, Advocate
For the State : Mrs. Amrita Kumari, Addl.P.P.
For the O.P. No. 2 : Mr. Ashish Kumar, Advocate
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Order No. 04: Dated: 31st March, 2023
Heard the learned counsels appearing on behalf of the parties.
I.A. No. 2997 of 2022
The instant interlocutory application has been filed on behalf
of the petitioner for condoning the delay of 86 days in filing of the
present criminal revision application. It has been pointed out that
after passing the impugned judgment of conviction and order of
sentence by the lower appellate court and the trial court this
petitioner was desirous to settle the dispute and as such he was
making constant endeavor to get the matter settled through the
compromise and settlement and therefore the delay has been
caused in filing of this criminal revision application in view of the
fact that now the matter has been resolved amicably between the
parties and all the dispute has been resolved and entire payment has
been made which is evident from the terms of the agreement which
has been documented on 17.08.2022 between both the parties, the
petitioner Harjeet Singh and the O.P. No. 2 Jayesh Ashok Thankey.
The copy of the agreement has also been enclosed with the I.A. No.
2997 of 2023.
The learned counsel appearing for the O.P. No. 2 did not raise
any objection and submitted that the matter has been resolved
between the parties amicably and therefore, the delay may be
condoned in view of the fact that the compromise has taken place
and this criminal revision may also be disposed in terms of the
compromise and settlement arrived at between the parties.
Accordingly, the delay of 86 days' is condoned and I.A. No.
2997 of 2023 gets allowed.
I.A. No. 8300 of 2022
The instant interlocutory application has been filed on behalf
of the O.P. No. 2 and the petitioner.
The learned counsel appearing for the petitioner and O.P. No.
2 has jointly submitted that the petitioner was convicted for the
offence punishable u/s 138 N.I. Act which is compoundable in
nature and during the pending of this case both the parties have
entered into a compromise and all the dispute has been settled
between the parties amicably without any threat and coercion or
undue influence and therefore, it is urged on behalf of both the
parties that let this criminal revision application be disposed of in
terms of compromise and settlement arrived at between the parties
through the agreement dated 17.08.2022 which is a part of the
compromise petition in the instant interlocutory application.
Learned counsel for the O.P. No. 2 submitted that compromise
has taken place between the parties vide agreement dated
17.08.2022 and he did not controvert this fact that the matter has
been resolved between both the parties and therefore, it is urged on
behalf of both the parties let this case be disposed of .
Having taken into consideration the aforesaid fact, it is found
that the petitioner has been found guilty by the learned trial court
for the offence punishable u/s 138 of N.I. Act which has been
confirmed by the lower appellate court in Criminal Appeal No. 166
of 2019. Further, it is found that during the pending of this case the
matter has been resolved between both the parties (petitioner and
O.P. No. 2) and the O.P. No. 2 has no grievance against this
petitioner and therefore this criminal revision application is allowed
in terms of compromise and settlement arrived at between both the
parties vide agreement dated 17.08.2022. Accordingly, the
impugned judgment of conviction and order of sentenced
dated07.06.2019 passed by the learned J.M. 1st Class, Jamshedpur in
Complaint Case No. 211/2013 and affirmed by the learned appellate
court in Criminal Appeal No. 166 of 2019 vide judgment dated
17.08.2021 are set aside and this criminal revision is allowed to be
compounded.
Accordingly the petitioner is acquitted form the charges
leveled against him.
Accordingly, the I.A. No. 8300 of 2022 gets allowed.
(Navneet Kumar, J.)
MM
