Abdul Hashim vs The State Of Jharkhand And Another
2023 Latest Caselaw 3547 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Rev. No.1247 of 2022

        Abdul Hashim                                              .....   ... Petitioner
                                   Versus
        The State of Jharkhand and another                     .... .... Opposite Parties
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        CORAM :         HON'BLE MR. JUSTICE SUBHASH CHAND
                                         ------
        For the Petitioner                 : Md. Arshad Hussain, Advocate
        For the State                      : Mr. Satish Prasad, APP
        For the OP No.2                    : Mr. Raj Nandan Chatterjee, Advocate
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07/18.09.2023        Learned counsel for the petitioner and learned APP for the State

as well as learned counsel for the op no.2 are present.

2. This criminal revision has been preferred against the judgment dated 20.09.2022 passed by the learned Sessions Judge, Dhanbad in Criminal Appeal No. 79 of 2022 whereby the appeal was dismissed and the judgment of conviction was affirmed passed by the learned Judicial Magistrate, 1st Class, Dhanbad in connection with T.R. Case No. 1035 of 2022 arising out of C.P. Case No. 3001 of 2021 whereby the petitioner was convicted under section 138 of NI Act and was sentenced to undergo simple imprisonment for six months and fine of Rs.10,25,000/- and on non-payment of the amount of the fine further simple imprisonment of 3 months was directed to be served.

3. Learned counsel for the petitioner and learned counsel for opposite party no.2 have jointly submitted that the compromise has arrived between the parties and the matter has been settled amicably. The principal amount which was to be paid as directed by the learned trial court was Rs.10,25,000/- while by way of compromise it was decided to pay Rs.10,30,000/- and earlier the petitioner had deposited the part amount by way of demand draft. Today the rest of the amount of Rs.4,25,000/- by way of three bank drafts are being handed over by the learned counsel for the petitioner to the learned counsel for the opposite party no.2. The same has been accepted by the learned counsel for opposite party no.2.

4. The supplementary affidavit on behalf of petitioner has been filed which is on record and the details of the payment and in regard to compromise has been mentioned in para no.5 to 12. The learned counsel for the opposite party no.2 has conceded to the averments made as deposed in the supplementary affidavit on behalf of petitioner.

5. Learned counsel for petitioner and learned counsel for opposite party no.2 both have submitted that in view of the payment of total amount as per compromise no dispute between the parties is left.

6. During course of argument, it was contended by learned counsel for opposite party no.2 that some of the drafts are revalidated as the date has expired, for the same learned counsel for the petitioner has conceded to revalidate the same.

7. In view of the submissions made, this criminal revision is deserved to be disposed of in view of the compromise arrived between the parties.

8. This criminal revision is hereby disposed of in view of the compromise arrived between the parties which is mentioned in para no.5 to 12 of the supplementary affidavit filed on behalf of petitioner which has been conceded by learned counsel for opposite party no.2.

9. The compromise will be the integral part of the judgment passed in criminal revision. Consequently the impugned judgment of conviction passed by the learned trial court in T.R. Case No. 1035 of 2022 arising out of C.P. Case No. 3001 of 2021 which was affirmed vide judgment passed by the appellate court in Criminal Appeal No.79 of 2022 are hereby set aside.

10. Pending I.A, if any, stands disposed of.

(Subhash Chand, J.) RKM