Ganga Sagar Rai vs The State Of Jharkhand
2023 Latest Caselaw 1933 Jhar

                                             1      Cr. Revision No.326 of 2023



               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Revision No.326 of 2023

        Ganga Sagar Rai                                      .....   Petitioner
                               Versus
        1. The State of Jharkhand
        2. Mathura Prasad                                    ....      Opp. Parties

               CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

        For the Petitioner               :       Mr. Rahul Pandey, Advocate
        For the State                    :       Mr. Rajesh Kumar, APP
        For the O.P. No.2                :       Mr. Ankit Apurva, Advocate
                                     -----

4/04.05.2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of OP No. 2. Learned counsel for the State is also present.

2. It is submitted on behalf of the petitioner that this criminal revision is directed against the judgment dated 13/12/2022 passed in criminal appeal No. 22 of 2020 by learned Additional Sessions Judge-I- Cum- Spl. Judge FTC, Ramgarh, whereby and whereunder the learned Court below has dismissed the Criminal Appeal No. 22 of 2020 affirming the Judgment & order of Sentence dated 17.02.2020 passed in Complaint Case No. 130/2018 by learned A.C.J.M., Ramgarh whereby and whereunder the learned Court below has found this petitioner guilty for offence punishable U/s 138 of N.I. Act and sentenced him to undergo Simple Imprisonment for 2 years along with a compensation of Rs. 10,00,000/- (Rupees Ten lakh) U/s-357 (3) of Cr.P.C. to be paid in favour of complainant, if not paid then further 6 months S.I. is awarded.

3. It has been jointly submitted on behalf of the petitioner and the OP No. 2 that a joint compromise petition has been filed on behalf of both the parties vide IA No. 3080 of 2023 and it is jointly submitted on behalf of both the parties that during the pending of this criminal revision, both the parties had entered into the compromise and all the differences and disputes have been settled and they will not file any

criminal / civil cases against each other with respect to the same transaction.

4. Further it has also been pointed out that the petitioner has been convicted under section 138 of the NI Act, which is compoundable in nature and now the OP No. 2 does not want to further proceed against the petitioner in view of the fact that both the parties had entered into the compromise and the disputes have been resolved amicably between them once and for all and the said IA No. 3080 of 2023 has been duly sworn on affidavit by the OP No. 2 Mathura Prasad and the parvikar of the petitioner, who is in custody since 04/02/2023 in this case.

5. Further the learned counsel appearing on behalf of the petitioner has submitted that one supplementary affidavit has been filed on behalf of the petitioner along with the order dated 04/02/2023 passed by the learned court below in complaint case No. 130 of 2018, by which it appears that the petitioner Ganga Sagar Rai is in jail and he is serving the sentence as awarded by both the learned courts below and in this view of the matter, it is submitted on behalf of the petitioner that since the matter has been resolved between both the parties once and for all and the opposite party-complainant does not want to pursue this case further and therefore it is urged on behalf of the petitioner that let this criminal revision be disposed of as compounded in the light of the compromise and settlement arrived at between the parties and further the petitioner is directed to be released from the jail in this case.

6. Learned counsel appearing on behalf of O.P. No. 2 does not raise any objection. Learned APP has also submitted that since it is a case under section 138 of the N.I. Act and the matter has been resolved between both the parties and therefore let this criminal revision be disposed of as compounded in the light of compromise and settlement and he does not raise any objection.

7. Having heard the parties, perused the record of this case.

8. In view of the aforesaid submissions advanced on behalf of both the parties, this criminal revision application is allowed as compounded.

9. Accordingly, the judgment dated 13/12/2022 passed in criminal appeal No. 22 of 2020 by learned Additional Sessions Judge-I- Cum- Spl. Judge FTC, Ramgarh and the Judgment & order of Sentence dated 17.02.2020 passed in Complaint Case No. 130/2018 by learned A.C.J.M., Ramgarh are set-aside.

10. Since the petitioner Ganga Sagar Rai is in jail in this case, he is directed to be released from the jail immediately, if not wanted in any other case.

11. This criminal revision is allowed as compounded. Accordingly the I.A. No. 3308 of 2023 also gets disposed of.

(Navneet Kumar, J.) R.Kumar