Aman Kumar Gupta vs The State Of Jharkhand
2024 Latest Caselaw 10311 Jhar

Jharkhand High Court

Aman Kumar Gupta vs The State Of Jharkhand on 11 November, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Revision No.1152 of 2024

    Aman Kumar Gupta, Age about 30 years, S/o Surendra
    Sao, R/o village - Tatijhariya, P.O. & P.S. - Tatijhariya,
    District - Hazaribag Jharkhand.       ...... Petitioner
                              Versus
    1.    The State of Jharkhand
    2.    Kartik Prasad Mehta, S/o Chito Mahto, R/o
          Murumatu, P.S. + P.O - Tatijhariya, District -
          Hazaribag, Jharkhand.       ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Santosh Kr. Soni, Advocate For the State : Mrs. Anuradha Sahay, A.P.P For the O.P. No.2 : Mr. Santosh Kumar, Advocate

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               th
02/Dated: 11        November, 2024

I.A. No.11540 of 2024

1. The present interlocutory application has been filed for condoning the delay of 94 days in preferring the present revision application.

2. In view of the reason assigned in the present interlocutory application, the delay in preferring the present revision application is, hereby, condoned.

3. I.A. No.11540 of 2024 is, hereby, allowed.

1. Heard learned counsel for the revisionist, learned A.P.P and learned counsel for the O.P. No.02.

2. The present revision application has been filed against the judgment dated 01.04.2024, passed in Cr. Appeal No.66 of 2023, by the court of learned District & Sessions Judge, Hazaribag, and the judgment of conviction and order of sentence dated 18.08.2023, passed by the court of learned Judicial Magistrate, 1st Class, Hazaribagh, in Complaint Case No.190 of 2018, whereby the petitioner/ revisionist has been found guilty and convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for one year and to pay the fine of Rs.3,18,240/- by way of compensation.

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3. It has been jointly submitted by the learned counsel for the parties that the parties have compromised and settled their dispute out side the Court and the money has also been transacted between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner. It has been submitted that the revisionist is behind the bar since 12.09.2024.

It has further been submitted by the learned counsel for the parties that since the matter has been compromised between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner, as such, the present revision application may be allowed by setting aside the impugned judgments.

4. Considering the fact that the matter has already been compromised between the parties, accordingly the judgment dated 01.04.2024, passed in Cr. Appeal No.66 of 2023, by the court of learned District & Sessions Judge, Hazaribag, and the judgment of conviction and order of sentence dated 18.08.2023, passed by the court of learned Judicial Magistrate, 1st Class, Hazaribagh, in Complaint Case No.190 of 2018, are, hereby, quashed and set aside.

5. The petitioner is directed to be released forthwith, if his custody is not required in any other case.

6. In the result, the present revision application stands disposed of.

(Rajesh Kumar, J.) Chandan/-

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