Aash Mohammad Aged About 55 Years vs The State Of Jharkhand
2024 Latest Caselaw 8978 Jhar

Jharkhand High Court

Aash Mohammad Aged About 55 Years vs The State Of Jharkhand on 5 September, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

       IN THE HIGH COURT OF JHARKHAND AT RANCHI

                    Cr. Revision No. 1794 of 2018

      Aash Mohammad aged about 55 years, S/O Late Rahman Mian,
      resident of Village - Prandih, (Bhaliwaser), P.O. & P.S. -Devipur,
      District - Deoghar (Jharkhand)
                                                 ...     ...    Petitioner
                                 Versus
      1. The State of Jharkhand
      2. Sabiya Khatton D/O Hussain Ansari, R/O Village- Ghaghi, P.O +
         P.S. Jasidih, District- Deoghar.
                                           ...       ... Opposite Parties
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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      For the Petitioner       : Mr. Niranjan Kumar Sinha, Advocate
      For the State            : A.P.P.

For the Opp. Party No. 2 : Mr. Arvind Kumar Choudhary, Advocate

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23/05.09.2024 I.A. No. 9669 of 2024

1. The learned counsel for the parties are present.

2. It is submitted that a joint compromise petition has been filed by the petitioner and opposite party No. 2 through this interlocutory application.

3. This revision application is filed for the following reliefs:-

"The instant revision application is being filed on behalf of the petitioner for setting aside of a judgment dated 10/09/2018, passed in Criminal Appeal No. 62/2018, by Sri Mithilesh Prasad Sessions Judge, Deoghar, as well as judgement of conviction and sentence dated 31/03/2018, passed in P.C.R. Case No. 98/2017 TR Case No. 811/2018, passed by Sri Ajay Bishu Minz, J.M, 1st Class at Deoghar, whereby and where under the petitioner above named has been convicted for the offence under section 138 of N.I. Act and sentenced to undergo S.I. for 1 years along with fine of Rs. 2,00,000/- under section 138 of N.I. Act with a fine of Rs. 8.5% per annum from the date of filing of the case as per section 357 of Cr.P.C. and in default of payment of fine

further directed to undergo S.I. for 3 months however, the period of custody undergone during trial has been directed to set off."

4. The learned counsel submits that the compensation amount fixed by the learned trial court has already been received by the opposite party No. 2.

5. The learned counsel for the opposite party No. 2 submits that the matter primarily arises out of matrimonial dispute between the parties and since the amount has already been received by the opposite party No. 2, he has no objection if the conviction of the petitioner is set aside and this revision is disposed of in terms of compromise.

6. The learned counsel for the State has no objection. He submits that the offence under section 138 of Negotiable Instrument Act is compoundable in nature.

7. After hearing the learned counsel for the parties and considering the facts and circumstances and that a joint compromise petition has been filed before this court and it has been submitted by the learned counsel for opposite party No. 2 that he has no objection if the conviction is set aside. This revision petition is disposed of in terms of compromise.

8. Consequently, the conviction of the petitioner by the impugned judgements is also set aside.

9. The I.A. No. 9669 of 2024 is disposed of accordingly.

10. Pending I.A., if any, is closed.

11. The petitioner is in custody in connection with this case, he is directed to be released forthwith, if he is not wanted in any other case.

12. Let a copy of this order be communicated to the court concerned through 'FAX/E-mail'.

(Anubha Rawat Choudhary, J.) Rakesh/-