Jharkhand High Court
Md. Ismail vs The State Of Jharkhand on 16 February, 2024
Author: Navneet Kumar
Bench: Navneet Kumar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 431 of 2021
Md. Ismail --- --- Petitioner
Versus
1.The State of Jharkhand
2. Ajay Kumar Singh --- --- Opposite Parties
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Santosh Kumar Soni, Advocate
For the State : Mr. Prabhu Dayal Agrawal,Spl.P.P.
For the O.P No.2 : Mr. Santosh Kumar, Advocate
08/16.02.2024 Heard learned counsel for the petitioner and the learned counsel
for the opposite party no.2 assisted by the learned A.P.P.
2. The instant criminal revision is directed against the judgment
dated 31.03.2021 passed in Criminal Appeal No. 88 of 2019 whereby
and where under the learned appellate court below i.e., Sessions Judge,
Hazaribag has affirmed the judgment of conviction and order of sentence
dated 31.07.2019 passed in Complaint Case No.1981 of 2017
corresponding to T.R. No. 0847 of 2019 by the court of learned Judicial
Magistrate 1st Class, Hazaribag whereby and where under the petitioner
has been convicted for the offence punishable under Section 138 of the
NI Act and has been sentenced to undergo S.I. for 6 months and
compensation of Rs.3,30,000/- to be given to the complainant under
Section 357(3) of the Cr.P.C
3. It is submitted on behalf of the petitioner that it is a case under
Section 138 of the N.I. Act which is compoundable in nature under
which this petitioner has been convicted and sentenced to undergo S.I.
for 6 months and he was directed to pay compensation of Rs.3,30,000/-
to be given to the complainant- opposite party no.2 under Section 357(3)
of the Cr.P.C . It is submitted that during the pendency of this criminal
revision both the parties have entered into compromise under which the
dues amount has been paid by the petitioner to the opposite party no.2 /
complainant. It is further submitted on behalf of the petitioner that one
interlocutory application being I.A. No. 720 of 2024 has been filed on
behalf of the petitioner submitting therein that a compromise has taken
place between both the parties and the entire amount of compensation
has been paid to the complainant and the photo copy of the joint
compromise petition has been annexed with the said I.A., which is
marked as Annexure-I.
4. On the other hand, Mr. Santosh Kumar, learned counsel for the
opposite party no.2 has entered appearance on behalf of the opposite
party no.2/complainant and he has filed counter affidavit on behalf of the
opposite party no.2 sworn in by the opposite party no.2, which is
available on record, wherein it is stated that the entire amount of
compensation has been paid by the petitioner to the opposite party no.2
and now there is no grievance of the opposite party no.2 against the
petitioner. Further, it has been submitted that now the complainant/
opposite party no.2 does not want the petitioner to go in jail to serve
sentence. Therefore, this criminal revision may be allowed by setting
aside the judgment passed by both the trial court as well as appellate
court.
5. From perusal of Annexure-1 to I.A. No. 720 of 2024, which is
joint compromise petition, it appears that the same has been executed on
18.01.2024 between the petitioner and the opposite party no.2 by which
the entire dues amount of Rs.3,30,000/-(Rupees Three Lakh Thirty
Thousand only) as awarded by the learned court below as compensation
to be paid to the opposite party no.2/complainant, has been paid to the
opposite party no.2 and both parties are leading a very harmonious and
cordial relationship. In order to appreciate the joint compromise
petition, the scanned copy thereof is reproduced here under:
6. In view of the joint compromise petition under which both parties
have resolved their dispute, it is just and proper to dispose of the
criminal revision in terms of the compromise arrived at between both the
parties and set aside the impugned judgment dated 31.03.2021 passed in
Criminal Appeal No. 88 of 2019 by the learned Sessions Judge,
Hazaribag and the judgment of conviction and order of sentence dated
31.07.2019 passed in Complaint Case No.1981 of 2017 corresponding to
T.R. No. 0847 of 2019 by the court of learned Judicial Magistrate 1 st
Class, Hazaribag.
7. Accordingly, the impugned judgment dated 31.03.2021 passed in
Criminal Appeal No. 88 of 2019 by the learned Sessions Judge,
Hazaribag and the judgment of conviction and order of sentence dated
31.07.2019 passed in Complaint Case No.1981 of 2017 corresponding to
T.R. No. 0847 of 2019 by the court of learned Judicial Magistrate 1 st
Class, Hazaribag are set aside in terms of the compromise arrived at
between the parties.
8. In the result, the criminal revision is allowed as compounded. I.A.
No. 720 of 2024 is disposed of. Consequently, the petitioner is
discharged from the criminal liability.
(Navneet Kumar, J.)
A.Mohanty
