Jharkhand High Court
Sanjay Jaiswal vs The State Of Jharkhand on 4 September, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 333 of 2022
Sanjay Jaiswal, son of late Sitaram Bhagat, R/o 37 'A', New Tata Line, Devan
Bagan, P.O. & P.S. Golmuri, Jamshedpur-831003, District Singhbhum (East),
Jharkhand ..... ...... Petitioner
Versus
1. The State of Jharkhand
2. Rajendra Kumar Sethi, son of late Ram Lal, R/o H. No.116, Rafujee Colony,
Golmuri, P.O. & P.S. Golmuri, Jamshedpur-831003, District Singhbhum (East),
Jharkhand .... .... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Sourav Kumar, Advocate
Mr. Vikash Kumar, Advocate
For the State : Mr. Shailesh Kumar Sinha, A.P.P.
For the O.P. No.2 : Mr. Nandan Prasad, Advocate
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th
Order No.09 /Dated: 4 September, 2023
I.A. No.5229 of 2022
1. Learned counsel for the petitioner, learned counsel for the State and
learned counsel for the opposite party No.2 are present.
2. The instant Interlocutory Application has been filed for exemption
from surrender under Rule 159 of the High Court of Jharkhand Rules.
3. This Criminal Revision has been preferred against the judgment
dated 25.11.2021 passed by the learned Sessions Judge, East Singhbhum,
Jamshedpur in Criminal Appeal No.217 of 2019, whereby the appeal was
dismissed and the judgment of conviction dated 31.07.2019 passed by the
learned Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No.1344 of
2016 was affirmed in regard to the conviction of the petitioner under Section
138 of the N.I. Act, wherein the petitioner was sentenced to undergo SI of 10
months and a fine of Rs.17,05,000/- out of which Rs.17,00,000/- shall be
payable to the complainant as compensation.
4. Learned counsel for the parties have jointly submitted that during
pendency of this Criminal Revision, a compromise has arrived between the
parties and a joint compromise petition has been filed, which is annexed as
Annexure-1 to I.A. No.5229 of 2022, wherein the parties have amicably settled
their dispute.
5. Learned counsel for the petitioner has submitted that in compliance
of the joint compromise petition, the petitioner has paid Rs.12,00,000/- to the
opposite party No.2 and Rs.3,00,000/- is left to be paid by December, 2023.
6. Learned counsel for the opposite party No.2 has conceded for the
same.
7. In view of the compromise arrived between the parties, which is
annexed as Annexure-1 to I.A. No.5229 of 2022, the prayer made in this
Interlocutory Application for exemption from surrender in the Court below is
hereby granted.
8. Accordingly, I.A. No.5229 of 2022 stands disposed.
Cr. Revision No. 333 of 2022
9. A compromise has arrived between the parties, which is annexed as
Annexure-1 to I.A. No.5229 of 2022, this compromise is consented by the
learned counsel for the parties and it is also submitted that in terms of
compromise, out of Rs.15,00,000/-, Rs. 12,00,000/- have already been paid
and only Rs.3,00,000/- is left to be paid by December, 2023.
10. In view of the compromise, the impugned judgment dated
25.11.2021 passed by the learned Sessions Judge, East Singhbhum,
Jamshedpur in Criminal Appeal No.217 of 2019, whereby the appeal was
dismissed and the judgment of conviction dated 31.07.2019 passed by the
learned Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No.1344 of
2016 was affirmed, are hereby set aside.
11. Accordingly, this Criminal Revision is disposed of in terms of
compromise dated 10.05.2022, which is annexed as Annexure-1 to I.A.
No.5229 of 2023.
12. The joint compromise petition dated 10.05.2022 will be integral part
of this order.
(Subhash Chand, J.)
Madhav/-
