G. Rajeshwar Rao vs The State Of Jharkhand & Another .... ...
2024 Latest Caselaw 1040 Jhar

Jharkhand High Court

G. Rajeshwar Rao vs The State Of Jharkhand & Another .... ... on 2 February, 2024

Author: Subhash Chand

Bench: Subhash Chand

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Rev. No.1176 of 2023

        G. Rajeshwar Rao                                     .....   ... Petitioner
                                  Versus
        The State of Jharkhand & Another                     .... .... Opposite Parties
                                     --------

        CORAM :         HON'BLE MR. JUSTICE SUBHASH CHAND
                                         ------
        For the Petitioner                 : Mr. Vikas Kumar, Advocate
        For the State                      : Mr. Bishambhar Shastri, APP
        For the OP No.2                    : Mr. Parambir Singh Bajaj, Advocate
                                          --------

04/02.02.2024        Learned counsel for the petitioner and learned APP for the State

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

I.A. No. 10200 of 2023

2. The instant interlocutory application is for exemption to surrender before the learned court below in compliance of judgment of conviction and sentence passed by the trial court which was affirmed by the learned appellate court on the ground that the compromise has arrived between the parties. Full and final amount of the compensation has been paid. In view of the above prayed to exempt from surrender.

3. The learned counsel for the op no.2 conceded that the compromise has arrived between the parties which is also made annexure of this interlocutory application and he has received the complete amount of the compensation as awarded by the learned trial court in view of the settlement.

4. In view of the above the prayer as sought is allowed. The petitioner is exempted to surrender. As such the aforesaid IA stands disposed of.

5. It has been jointly submitted by the learned counsel for the parties that the settlement has arrived between the parties after conviction by the trial court which was affirmed by the appellate court dismissing the appeal and in compliance of the compromise full and final amount has been paid and same has been received by the complainant. The compromise is also made annexure of the I.A. No. 10200 of 2023.

6. It is jointly prayed by the learned counsel for the parties that this criminal revision may be disposed of in the light of compromise.

7. Since the compromise has arrived between the parties and

settlement agreement is annexure no.1 of I.A. No. 10200 of 2023. The offence under section 138 of N.I. Act being compoundable and dispute between the parties has been compounded amicably by way of compromise and compliance of the same has been made as admitted by the learned counsel for the parties.

8. In view of the above this criminal revision is hereby disposed of and the judgment of conviction passed by the learned trial court dated 14.02.2023 which was affirmed by the appellate court dated 21.08.2023 are hereby set aside.

9. The compromise which is annexure-1 of the I.A. No. 10200 of 2023 shall be integral part of this order.

10. Pending IA, if any, stands disposed of.

(Subhash Chand, J.) RKM