Jharkhand High Court
Krishna Pandit vs The State Of Jharkhand on 21 April, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1620 of 2023
....
Krishna Pandit, aged about 60 years, son of Preman Pandit,
resident of Village-Purana Sukhrabazar, PO + PS + District-
Lohardaga( Jharkhand) ...... Petitioner
Versus
1. The State of Jharkhand
2. Smt. Sita Shrivastav, wife of Sri Sohan Shrivastav, resident
of Mohalla Nawaripara, PO & PS + District-
Lohardaga(Jharkhand) ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Mr. Vikash Kumar Advocate
For the State : Mr. Abhay Kumar Tiwari, A. P. P.
For the O. P. No. 2: Mr. Manish Yadav, Advocate
.....
06/21.04.2025 Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party
no. 2.
2. The instant I.A. No. 11718 of 2023 has been filed under
Section 5 of the Limitation Act for condoning the delay of 641
days in filing the instant Cr. Revision No. 1620 of 2023.
3. It has been submitted by the learned counsel for the
petitioner that there is delay of 641 days in filing the
Cr. Revision No. 1620 of 2023. It is submitted that due to
financial crunch and due to COVID-19 Pandemic, the petitioner
could not file the Criminal Revision Application within time.
However, it is submitted that the matter has been compromised
between the parties and for which, a joint compromise petition
by way of I. A. No. 13613 of 2024 has also been filed. It is
submitted that the supplementary affidavit has also been filed on
15.04.2025 showing the mode of payment to the opposite party
no. 2 by the petitioner and as such, delay of 641 days in
preferring the instant Criminal Revision Application may be
condoned.
4. Learned counsel for the State raised no objection.
5. Learned counsel for the opposite party no. 2 also raised
no objection and has admitted the factum of compromise
between the petitioner and the opposite party no. 2. It is further
submitted that the opposite party no. 2 has received
Rs. 4,00,000/- (Rupees Four Lakh) from the petitioner.
6. Having heard learned counsel for both the sides and also
in view of the averments made in para- 6 to 18 of the instant I.A.
No. 11718 of 2023 and the fact that the case has been
compromised between the petitioner and the opposite party no. 2
and taking lenient view, the delay of 641 days in preferring the
instant Cr. Revision No. 1620 of 2023 is, hereby, condoned.
7. Thus, I.A. No. 11718 of 2023 is allowed and stands
disposed of.
8. Learned counsel for the petitioner is permitted to
incorporate the provision of law in I.A. No. 1134 of 2025 during
course of the day.
9. The present Criminal Revision No. 1620 of 2023 has been
filed by the petitioner challenging the judgment dated 21.12.2021
passed in Criminal Appeal No. 02 of 2020 by Sri Arvind Kumar
No. 2, learned District and Additional Sessions Judge-III, Lohardaga
by which learned District and Additional Sessions Judge-III,
Lohardaga has dismissed the Criminal Appeal No. 02 of 2020 by
affirming the judgment of conviction and order of sentence dated
29.11.2019 passed by Smt. Archana Kumari, learned Chief Judicial
Magistrate, Lohardaga in connection with Complaint Case No. 315
of 2018 corresponding to T. R. No. 642 of 2019 by which the
petitioner has been convicted for the offence under Section 138 of
the N. I. Act and sentenced to undergo S.I. for a period of six (6)
months and further directed to pay Rs. 4,50,000/- as compensation
under Section 357 (3) of the Cr. P. C.
10. I.A. No. 1134 of 2025 has been filed on behalf of the
petitioner under Rule 159 of the Jharkhand High Court, 2001 for
exempting him from surrender before the learned Court below.
11. Heard learned counsel for the petitioner and learned counsel
for the State and learned counsel for the opposite party no. 2.
12. It is submitted by the learned counsel for the petitioner that
the case has been compromised between the petitioner and the
opposite party no. 2 and the petitioner has paid the an amount of
Rs. 4,00,000/- to the opposite party no. 2 and for which, a joint
compromise petition by way of I. A. No. 13613 of 2024 has also
been filed. It is submitted that the supplementary affidavit has
also been filed on 15.04.2025 showing the mode of payment to
the opposite party no. 2 by the petitioner and has enclosed the
compromise letter dated 22.03.2024 and as such, in the interest of
justice, the petitioner may be exempted from the surrender in the
learned Court below.
13. Learned counsel for the State raised no objection for
exemption from surrendering in the learned Court below.
14. Learned counsel for the opposite party no. 2 also raised no
objection and has admitted the factum of compromise. It is
submitted that the opposite party no. 2 has received Rs. 4,00,000/-
from the petitioner.
15. Under the circumstances and considering the submission of
the learned counsel for the parties and also in light of the provisions
of Rule 159 of the High Court of Jharkhand Rules, 2001, the
petitioner is exempted from surrendering in the learned Court below.
16. Accordingly, I.A. No. 1134 of 2025 is allowed and stands
disposed of.
17. Let a copy of this order be sent to the learned Court below
for the needful.
18. Put up this case on 02.05.2025 under the heading "For
Admission".
(Sanjay Prasad, J.)
Kamlesh/
