Md. Zishan Afsar vs The State Of Jharkhand
2024 Latest Caselaw 10109 Jhar

Jharkhand High Court

Md. Zishan Afsar vs The State Of Jharkhand on 22 October, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Criminal Revision No.96 of 2023
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Md. Zishan Afsar, aged about 28 years, Son of Afshar Imam, Resident of House No.162, Imam Complex, Azad Bangla, Itki, P.O. & P.S. Itki, District-Ranchi, Jharkhand .... .... Petitioner

-Versus-

1. The State of Jharkhand

2. Md. Sagir, Son of Late Khalil, Resident of Harmu Road, P.O. and P.S. Argora, District-Ranchi, Jharkhand .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Mukesh Kumar, Adv.

For the State                      : Mr. Naveen Kr. Ganjhu, A.P.P.
For the O.P No.2                   : Mr. Rohit, Adv.
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              nd
06/Dated: 22 October, 2024

1.     Heard the parties.

2. The instant criminal revision has been filed for setting aside the judgment dated 12.12.2022 passed in Criminal Appeal No.11/2020 by the court of learned Additional Judicial Commissioner-XVI, Ranchi, affirming the judgment of conviction and order of sentence dated 16.12.2019 passed by the learned Judicial Magistrate, 1st Class, Ranchi in Complaint Case No.1796 of 2017 whereby and whereunder the petitioner has been convicted for offence under Section 138 of the N.I. Act and has been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.2,50,000/- as compensation to the complainant under Section 357 of Cr.P.C.

3. An interlocutory application being I.A No.10281 of 2024 has been filed by the petitioner for exemption from surrender in the Court below, which is necessary for maintaining the present revision application.

4. Another interlocutory application being I.A No.10280 of 2024 has been filed for bringing on record the joint compromise petition between the parties.

5. Learned counsel for the parties has submitted that the money has already been transacted between the parties and the matter has already been compromised outside the Court.

6. Considering the above facts, the entire criminal proceedings in connection with Complaint Case No.1796 of 2017 is hereby, quash and set-aside including the judgment dated 12.12.2022 passed in Criminal Appeal No.11/2020 by the court of learned Additional Judicial Commissioner-XVI, Ranchi and the judgment of conviction and order of sentence dated 16.12.2019 passed by the learned Judicial Magistrate, 1st Class, Ranchi.

7. The case stands closed and the petitioner is discharged from his liability of his bail bond, if any.

8. In view of the disposal of the main revision, interlocutory applications are also disposed of.

(Rajesh Kumar, J.)

Raja/-

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