Jharkhand High Court
Manohar Kumar vs The State Of Jharkhand on 6 November, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 512 of 2019
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Manohar Kumar ... Petitioner
-Versus-
1. The State of Jharkhand
2. Bandhan Mahto ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Sushant Kumar Sinha, Advocate
For the State : Mr. Anup Kumar Topno, A.P.P.
For the O.P. No. 2 : Mr. Md. Razaullah Ansari, Advocate
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Order No. 15/ Dated: 06.11.2023
This Criminal Revision has been filed on behalf of
the petitioner by challenging the judgment dated 16.07.2018 in
Criminal Appeal No. 114 of 2017 passed by Sri Kaushal Kishor
Jha, the learned Additional Sessions Judge-III, Hazaribagh by
which the appeal preferred by the petitioner has been dismissed
affirming the judgment of conviction and order of sentence dated
23.08.2017 passed by Sri Pradeep Kumar , the learned Judicial
Magistrate , 1st Class, Hazaribagh in Complaint case No. 2175 of
2015 by which the learned Judicial Magistrate has convicted the
petitioner for the offence under section 138 of N.I.Act and
sentenced him to S.I. for the period of six (06) months and directed
to pay compensation of Rs. 5,00,000/- to the O.P. No. 2.
2. Heard learned counsel for the petitioner, learned
counsel for the O.P. No. 2 and learned counsel for the State.
3. It is submitted by the learned counsel for the
petitioner that case has been compromised between the petitioner
and the O.P. No. 2 and the petitioner has deposited the two (02)
Demand Draft of Rs, 1,00,000/- and Rs. 75,000/- respectively in
the office of the learned Registrar General , pursuant to the order
dated 15.09.2023 and 30.10.2023 passed by this Court. It is
submitted that the said Demand Draft may be handed over to the
O.P. No. 2. The petitioner is no objection in the Demand Draft of
total Rs. 1,75,000/- is handed over to the O.P. No. 2 and the
petitioner may be acquitted in terms of the compromise.
4. Learned A.P.P. has raised no objection.
5. Learned counsel for the O.P. No. 2 has also
admitted the factum of compromise between the parties and has
submitted that the O.P. No. 2 is ready to receive the Demand Draft
of Rs, 1,00,000/- and Rs. 75,000/- total amounting to Rs.
1,75,000/- respectively and he has no grievance against the
petitioner .
6. Perused the Record of this case and considered the
submissions of the both sides.
7. I.A. No. 9927 of 2023 has been filed on behalf of
the both the sides by way of compromise petition.
8. Paragraph 5,6,7, 9 and 10 of I.A. No. 9927 of 2023 read
as follows:-
" Para 5- That is humbly stated and submitted that both the parties
have settled their entire disputes and deposited two demand draft
worth of Rs. 1,75,000/- before the court of Registrar General
Jharkhand High Court , Ranchi as full and final settlement in
present case."
" Para 6 - that it is humbly stated that both the parties have
compromised their dispute without any pressure, force, threat,
duress or coercion from any corner."
" Para 7- That it is humbly stated and submitted that as per
Compromise and Mutual understanding of both the parties ,
petitioner has deposited demand draft of Rs. 1,00,000/- vide
demand draft of No. 595457 dated 14.09.2023 on 21.09.2023 and
another demand draft No. 595466 dated 06.10.2023 of Rs. 75,000/-
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was deposited on 30.10.2023 before the Registrar General
Jharkhand High Court as full and final settlement of present case."
"Para 9 -That it is humbly stated and submitted that as per
provision s under section 420 (5) (6) of Criminal Procedure Code
420 (5) when the accused has been committed for trial or when he
has been convicted and an appeal is pending, no composition for
the offence shall be allowed without the leave of the Court to which
he is committed, or as the case may be, before which the appeal is
to be heard.
(6) A high Court or Court of session acting in the exercise of its
powers of revision under section 401 may allow any person to
compound any offence which such person is competent to
compound under this section."
" Para 10- That is humbly stated that the petitioner is law biding
citizen and always respect the order of Court as such the Criminal
Revision petition is required to be heard and disposed of on an early
date."
9. It appears that the case has been compromised
between the petitioner and the O.P. No. 2 and the O.P. No. 2 has no
grievance against the petitioner.
10. On the fact and in the circumstances , the impugned
judgment dated 16.07.2018 in Criminal Appeal No. 114 of 2017
passed by Sri Kaushal Kishor Jha, the learned Additional Sessions
Judge-III, Hazaribagh and 23.08.2017 passed by Sri Pradeep
Kumar , Judicial Magistrate , 1st Class, Hazaribagh in Complaint
case No. 2175 of 2015 are set-aside in terms of compromise and
the petitioner namely Manohar Kumar is acquitted for the offence
under section 138 of the N.I.Act in terms of the compromise and
the learned Registrar General is directed to handed over the
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Demand Draft No. 595457 dated 14.09.2023 of Rs, 1,00,000/-
and Demand Draft No. 595466 dated 06.10.2023 of Rs. 75,000/-
total amounting to Rs.1,75,000/- to the O.P. No. 2 on filing such
an application by the O.P. No. 2 or the learned counsel for the
O.P. No. 2.
11. Thus, this Criminal Revision No. 512 of 2019 is
allowed in terms of compromise.
12. I.A. No. 9927 of 2023 is allowed and stands
disposed of.
Let a copy of this order be sent to the office of
learned Registrar General for the needful .
(Sanjay Prasad, J.)
Bibha/
