Jharkhand High Court
Anju Devi @ Anju Sharma vs The State Of Jharkhand on 9 February, 2024
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.345 of 2020
Anju Devi @ Anju Sharma ..... Petitioner
Versus
1. The State of Jharkhand
2. Ravi Sharma .... Opposite Parties
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Abhay Kishore, Advocate
For the State : Mr. Someshwar Roy, APP
For the O.P. No.2 : Mr. Manoj Kr. Sinha, Advocate
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10/09.02.2024 Heard learned counsel appearing on behalf of the petitioner and
learned counsel appearing on behalf of O.P. No. 2. Learned APP
appearing on behalf of the State is present.
2. It is submitted on behalf of O.P. No. 2 that a counter affidavit
has been filed on behalf of O.P. No. 2 Ravi Sharma stating therein that
the petitioner has already paid a sum of ₹1,05,000/- to the O.P. No. 2
through the cheque No. 478005 dated 18.10.2022, ₹60,000/- through
Phone Pay in 4 instalments of ₹20,000 on 12.01.2022, ₹15,000/- on
12.01.2022, ₹5000/- on 14.01.2022 and ₹20,000/- on 23.7.2022, which
were duly received by O.P. No. 2 and hence, the grievances of O.P.
No. 2 are redressed and he does not want to proceed further with this
case. The photo copies of the cheque as well as the transaction details
of the phone pay have been annexed along with the counter affidavit
filed on behalf of O.P. No. 2, which has been marked as Annexure-A
series and which are available on record.
3. Learned counsel appearing on behalf of the petitioner also
submitted that the entire amount has been paid and therefore in terms
of the settlement and full payment arrived at between the parties, let
this criminal revision application be allowed on the basis of the full
and final settlement as opposite party No. 2 now does not want to
proceed further with this case.
4. Learned APP appearing on behalf of the State does not raise any
objection and submitted that since it is a case under section 138 of the
N.I. Act, which is compoundable in nature and the compromise has
taken place between both the parties, under which, the entire amount
has been paid by the petitioner to the O.P. No. 2, which has been duly
received as evident from the counter affidavit filed on behalf of the
O.P. No. 2 and therefore, let this criminal revision application may be
allowed.
5. Having heard the parties, perused the record of this case.
6. It is found that the entire due amount has been paid by the
petitioner to the O.P. No. 2 as evident from the counter affidavit filed
on behalf of O.P. No. 2 and submitted by the learned counsel
appearing on behalf of O.P. No. 2 also.
7. In this view of the matter, this criminal revision is allowed and
the impugned judgement dated 16th April 2019 passed by learned
Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No.1377 of 2016,
(T.R. No790 of 2019) and the judgment dated 09.12.2019 passed by
learned District & Additional Sessions Judge-V, Dhanbad in Cr.
Appeal No.83 of 2019 are set aside in terms of the compromise and
settlement arrived at between the parties.
8. Accordingly this Criminal Revision Application is allowed as
compounded.
9. In the result, the petitioner is discharged from the charges of
criminal liabilities levelled against her.
(Navneet Kumar, J.)
R.Kumar
