Jharkhand High Court
Ajay Kumar Vishwakarma @ Ajay ... vs The State Of Jharkhand And Another on 7 November, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.1109 of 2023
Ajay Kumar Vishwakarma @ Ajay Vishwakarma ..... ... Petitioner
Versus
The State of Jharkhand and another .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Arun Kumar, Advocate
For the State : Mr. Vishwanath Roy, Spl. PP
For the OP No.2 : Mr. Rajesh Kr. Singh, Advocate
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04/07.11.2023 Learned counsel for the petitioner and learned Spl. PP for the
State as well as the learned counsel for the OP No.2 are present.
2. Learned counsel for the parties have jointly submitted that a
compromise has arrived between the parties and contended to decide this
criminal revision in view of the compromise.
3. I.A. No. 9162 of 2023 has been filed to this effect.
I.A. No. 9162 of 2023
4. The instant interlocutory application is with the prayer to allow
the joint compromise and set aside the impugned judgment dated 19.07.2023
passed by the learned Sessions Judge, West Singhbhum, Chaibasa in Cr.
Appeal No. 17 of 2023 whereby and whereunder the learned appellate court
has been pleased to dismiss the appeal and confirmed the judgment of
conviction and the order of sentence dated 31.01.2023 passed by the learned
Judicial Magistrate 1st Class, Chaibasa in Complaint Case No. 143 of 2022
(T.R. No.218/2023).
5. In para-3 of this IA, it has been stated that the matter has been
settled between the parties amicably outside of the Court and agreement has
been executed which is made annexure-1/A of this IA. As per agreement, the
petitioner has paid compensation amount of Rs.70,000/- to op no.2 on
21.08.2023 out of Rs.2,50,000/- and rest of the amount Rs.1,80,000/- is to be
paid by the petitioner within four months.
6. In regard to the same a post dated cheque has been issued by the
petitioner in favour of the op no.2 bearing cheque no.036237 dated
24.12.2023.
7. The learned counsel for the op no.2 has conceded that a compromise
has arrived and also agrees with the terms and conditions which have been
reduced in writing in the compromise.
8. In view of the submissions made by learned counsel for the
parties, I.A. No. 9162 of 2023 is hereby allowed.
Cr. Rev. No.1109 of 2023
9. The instant criminal revision is against the judgment dated
19.07.2023 passed by the learned Sessions Judge, West Singhbhum, Chaibasa
in Cr. Appeal No. 17 of 2023 whereby and whereunder the learned appellate
court has been pleased to dismiss the appeal and confirmed the judgment of
conviction and the order of sentence dated 31.01.2023 passed by the learned
Judicial Magistrate 1st Class, Chaibasa in Complaint Case No. 143 of 2022
(T.R. No.218/2023) by which the learned trial court convicted the petitioner
and sentenced him to undergo SI for one year for the offence under section
138 N.I. Act and further to pay a compensation amount of Rs. 2,50,000/- only
to the opposite party no.2 under section 357 (3) of Cr.PC.
10. As prayed by learned counsel for the parties a compromise has
arrived between the parties which is made annexure-1/A of the I.A. No. 9162
of 2023 and it has been submitted jointly that this criminal revision may be
decided in the light of compromise.
11. Accordingly, this criminal revision deserved to be disposed of.
12. This criminal revision is hereby disposed of in the light of
compromise which is annexure-1/A of I.A. No. 9162 of 2023. The impugned
judgment of conviction dated 31.01.2023 passed by the trial court which was
affirmed by the appellate court vide judgment dated 19.07.2023 are hereby
set aside.
13. The compromise which is annexed with the IA shall be the
integral part of the order.
14. Pending IA, if any, stands disposed of.
(Subhash Chand, J.)
RKM
