Jharkhand High Court
Vijay Kumar Sharma @ Vijay Sharma vs The State Of Jharkhand on 9 February, 2024
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 839 of 2023
Vijay Kumar Sharma @ Vijay Sharma, S/o Krishna Prakash Sharma, Resident
of House No.104-A, Canhary Hill Road, Krishi Vigyan Kendra, P.O.
Hazaribag, P.S. Sadar, District Hazaribag ..... ...... Petitioner
Versus
1. The State of Jharkhand
2. Md. Sazad Alam, S/o Late Md. Mahmood, resident of village Chepakhurd,
P.O. Chep Kala, P.S. Barkagaon, District Hazaribag .... .... Opp. Parties
With
Cr. Revision No. 1392 of 2023
Md. Sazad Alam, S/o Late Md. Mahmood, resident of village Chepakhurd, P.O.
Chepalalan, P.S. Barkagaon, District Hazaribag ..... ...... Petitioner
Versus
1. The State of Jharkhand
2. Vijay Kumar Sharma, S/o Krishna Prakash Sharma, Resident of Canary Hill
Road, Near Krishi Vigyan Kendra, P.O. Hazaribag, P.S. Sadar, District
Hazaribag .... .... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Awnish Shankar, Advocate
(In Cr. Revision No.839 of 2023)
Mr. Razaullah Ansari, Advocate
(In Cr. Revision No.1392 of 2023)
For the State : Mr. Shashi Kumar Verma, A.P.P.
(In Cr. Revision No.839 of 2023)
Mr. Vijay Kumar Sinha, APP
(In Cr. Revision No.1392 of 2023)
For the O.P. No.2 : Mr. Razaullah Ansari, Advocate
(In Cr. Revision No.839 of 2023)
Mr. Awnish Shankar, Advocate
(In Cr. Revision No.839 of 2023)
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th
Order No.06 /Dated: 09 February, 2024
I.A. No.681 of 2024 in Cr. Revision No.839 of 2023
1. Learned counsel for the petitioner, learned counsel for the State and
learned counsel for the opposite party No.2 are present.
2. Learned counsel for the petitioner has submitted that the instant
Interlocutory Application has been filed on behalf of the petitioner and opposite
party No.2 jointly with these averments that the parties have settled their entire
dispute out of the Court with the help of common friends and well-wishers and
the petitioner has already paid the amount of Rs.1,00,000/- by way of demand
draft bearing demand draft No.368389 State Bank of India, Drawee Branch,
Hazaribag dated 17.01.2024 to the opposite party No.2/ complainant. A
photocopy of demand draft is Annexure1 of the instant Interlocutory Application.
In view of the above, prayed to allow this compromise petition and accept the
compromise.
3. Learned counsel for the petitioner-convict and the learned counsel for
the opposite party No.2-complainant have jointly submitted that the matter has
been settled amicably out of the Court and to that effect I.A. No.681 of 2024 has
been filed.
4. The offence, for which, the petitioner was convicted under Section 138
of the N.I. Act is compoundable. Since the dispute between the parties has been
compounded, I.A. No.681 of 2024 is hereby allowed.
5. In the light of I.A. No.681 of 2024, which is joint compromise petition
of the parties, the impugned judgment of conviction passed by the learned Court
below is hereby set aside and this Criminal Revision is hereby disposed of.
6. The compromise petition shall be the integral part of this order.
7. The instant Criminal Revision has been directed on behalf of the
petitioner/ complainant assailing the impugned judgment for enhancement of the
sentence.
8. One Interlocutory Application being I.A. No.11190 of 2023 has also
filed for condonation of delay of 84 days in preferring this Criminal Revision.
9. Learned counsel for the petitioner has submitted that since a
compromise has arrived between the parties and the matter has been settled
amicably. It is further submitted that full and final amount has been paid to him
and there no dispute left, so he is not pressing this Criminal Revision.
10. Learned counsel for the State and learned counsel for the opposite party
has no objection for the same.
11. In view of the submissions made, this Criminal Revision is dismissed
as not pressed at the stage of "Admission".
12. I.A. No.11190 of 2023 stands disposed of.
13. Pending Interlocutory Application, if any, also disposed of.
(Subhash Chand, J.)
Madhav/-
