Jharkhand High Court
Ashesh Sinha vs State Of Jharkhand on 24 September, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 643 of 2018
Ashesh Sinha, son of late Sadanand Sinha, aged about 45 years, resident
of Noonidih Basti, P.O. Jitpur, P.S. Jorapokhar, District Dhanbad
... ... Petitioner
Versus
1. State of Jharkhand
2. Rohit Kumar Prasad, son Late Sambhu Prasad, resident of Village
Darudih, P.O. & P.S. Daru, District Hazaribagh
3. Shiv Shankar Pasad, son Late Sambhu Prasad, resident of Village
Darudih, P.O. & P.S. Daru, District Hazaribagh
4. Smt. Sita Dan, wife of Late Sambhu Prasad, resident of Village
Darudih, P.O. & P.S. Daru, District Hazaribagh (Deleted vide order
dated 24.09.2024)
5. Jadu Devi, Daughter of late Sambhu Prasad, resident of Village
Darudih, P.O. & P.S. Daru, District Hazaribagh
... ... Opposite Parties
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Awinash Akhouri, Advocate
: Mrs. Aditee, Advocate
For the Opp. Party Nos.2,3 & 5: Mr. Sandip Kr. Barnwal, Advocate
For the State : Mr. Prafull Jojo, APP
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25/24.09.2024 Heard the learned counsels for the parties.
2. This criminal revision has been filed for the following relief:
"That this criminal revision is against the judgment dated 18.01.2018,
passed in Criminal Appeal No.107 of 2015, passed by Shri Sachindra
Kumar Pandey, Additional Sessions Judge - XI, at Dhanbad vide order
dated 18.01.2018 has pleased to affirm the order dated 29.05.2015 passed
by the learned Judicial Magistrate 1st Class, in C.P. Case No.1735 of
2011, whereby and whereunder the learned Judicial Magistrate 1st Class,
at Dhanbad has pleased to convict the appellant for the offence punishable
under section 138 of Negotiable Instrument Act and sentenced to simple
imprisonment for 6 months and further compensation of 2.40 lakh, to the
complainant."
3. From perusal of I.A. No.3046 of 2024 it appears that the opposite
party no.4 has expired. The learned counsel for the petitioner is directed
to delete the name of opposite party no.4 from the cause title.
4. The learned counsels for the parties have submitted that they have
filed a joint compromise petition being I.A. No.8842 of 2024 and the
matter has been settled out of Court. The learned counsels have
submitted that the complainant was Sambhu Prasad, but on account of
his death, the matter was ultimately pursued by the opposite party nos.2,
3 and 5. During the pendency of this case, the opposite party no.4 Smt.
Sita Dan also expired and the present joint compromise petition has been
filed by the opposite party nos.2, 3 and 5, who are the remaining legal
heirs and successors of Sambhu Prasad-the complainant. They submit
that the matter has been settled on payment of Rs.1,20,000/-.
5. The learned counsel for the opposite party nos.2, 3 and 5 has
submitted that they have no surviving grievance against the petitioner
and the matter has been settled by the intervention of well-wishers and
common friends. He has submitted that they have no objection, if this
revision is disposed of in terms of compromise and the conviction of the
petitioner is set aside.
6. The learned counsel for the State has submitted that since the
conviction is under section 138 of Negotiable Instrument Act, the State
has nothing to say in the matter.
7. After hearing the learned counsels for the parties and considering
the facts and circumstances of this case, the petitioner and the opposite
party nos.2, 3 and 5 (the legal heirs and successors of the original
complainant) having settled the matter, out of Court and in view of the
submissions of the learned counsels for the opposite parties, this criminal
revision is disposed of in terms of compromise. The conviction of the
petitioner is also set-aside. Accordingly, there is no need for the
petitioner to surrender before the court.
8. I.A. No.8842 of 2024 is accordingly disposed of. Other pending
I.A are closed.
9. Let a copy of this order be communicated to the court concerned
through FAX/email.
(Anubha Rawat Choudhary, J.)
Saurav/-
