Jharkhand High Court
Santosh Kumar Singh vs The State Of Jharkhand on 23 April, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1461 of 2022
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Santosh Kumar Singh ......Petitioner
Versus
1. The State of Jharkhand
2. Pradeep Kumar Mahto ...... Opp. Parties.
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Arun Kumar, Advocate
For the State : Mrs. Vandana Bharti, APP
For the O. P. No. 2 : Mr. Prabhat Singh, Advocate
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I. A. No. 1928 of 2024
06/23.04.2025 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. 1928 of 2024 has been filed under
Section 5 of the Limitation Act for condoning the delay of 423
days in filing the instant Cr. Revision No. 1461 of 2022.
3. It has been submitted by the learned counsel for the
petitioner that there is delay of 423 days in filing the
Cr. Revision No. 1461 of 2022. It is submitted that due to
COVID-19 pandemic and due to financial crunch, he could not
file the Criminal Revision Application within time and as such,
delay of 423 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 submitted that the case has been
compromised between the parties.
6. Having heard learned counsel for both the sides and
also in view of the averments made in para- 5 to 9 of the instant
I.A. No. 1928 of 2024 and taking lenient view, the delay of 423
days in preferring the instant Cr. Revision No. 1461 of 2022 is,
hereby, condoned.
7. Thus, I.A. No. 1928 of 2024 is allowed and stands
disposed of.
8. The present Criminal Revision has been filed on behalf of
the petitioner challenging the judgment dated 09.08.2019 passed
in Criminal Appeal No. 70 of 2018 by Sri Rajendra Kumar
Jumnani, the learned Sessions Judge, Lohardaga by which learned
Sessions Judge, Lohardaga has dismissed the Criminal Appeal
No. 70 of 2018 by affirming the judgment of conviction and order
of sentence dated 20.07.2018 passed by Sri Nirupam Kumar, Sub-
Divisional Judicial Magistrate, Lohardaga in connection with
Complaint Case No. 146 of 2016 corresponding to T. R. No. 289
of 2018 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 one (1) year and further directed to pay
Rs. 7,00,000/- to the complainant as compensation under Section
357 (3) of the Cr. P. C.
9. Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for opposite party no. 2.
10. It is submitted by the learned counsel for the petitioner
that impugned judgments and order of sentence passed by the
learned Court are illegal, arbitrary and not sustainable in the eye of
law. It is submitted that the case has been compromised between
the petitioner and the opposite party no. 2 and the matter has been
settled outside the Court with the help of their family members
and well-wishers and friends. It is submitted that the petitioner is
in custody since 18.03.2024 and as such, he may be enlarged on
bail.
11. Learned counsel for the State raised no objection.
12. Learned counsel for the opposite party no. 2 has
submitted that I. A. No. 2557 of 2025 has been filed by the
opposite party no. 2 and has submitted that the case has been
compromised between the petitioner and opposite party no. 2 and
they have settled the dispute outside the Court with the help of
their family members and well-wishers and friends. Learned
counsel for the opposite party no. 2 has also admitted that factum
of compromise and has submitted that opposite party no. 2 has no
objection, if the petitioner is allowed to be released on bail.
13. Having heard learned counsel for both the sides and from
perusal of I. A. No. 2557 of 2025, it appears that the case has been
compromised between the petitioner and opposite party no. 2 and
they have settled the dispute outside the Court with the help of
their family members and well-wishers and friends.
14. Paragraph- 7 to 14 of I. A. No. 2557 of 2025 are as
follows:-
" Para-7:- That it is humbly submitted that the dispute giving
arises to the lodging of the instant case related to Financial
dispute going on between both the sides.
Para-8:- That it is humbly stated that Financial dispute was going
on between the both the parties due to misunderstanding. That
both the parties are unemployed and facing acute financial crises
and for this reason financial transaction was taken place in
between the parties.
Para-9:- That it is stated and submitted that the petitioner and the
Complainant both are known to each other and accordingly
financial transaction was taken place in between the parties in
the year, 2016. That inspite of repeated request made by the
well-wishers and friends the disputes could not solved which
was going on between the parties, accordingly complaint case
was been lodged against petitioner for realization of the amount
in question.
Para-10:- That it is submitted that the due to intervention of the
well wishers and friends, the entire financial disputes/liability
giving arise to lodging of the instant case has been sorted out
between the above named accused petitioner and the
complainant, and the accused petitioner and complainant both
sorted out/ settle the disputes outside the court with the help of
their family members and well wishers with following terms and
conditions :-
(i.) That entire legal expenses related to present case pending
before the Hon'ble Court shall be paid by the petitioner.
(ii.) That both the parties shall appear before the Hon'ble Court
till its final disposal.
Para-11:-That it is stated that the due to intervention of the well
wisher and friends, the entire financial disputes/liability giving
arise to lodging of the instant case has been sorted out between
the accused petitioner above named and the Complainant, and
the accused petitioner and informant both have agreed to sort out
the disputes. The petitioner is ready to comply with the all
conditions which has been proposed by the Complainant.
Accordingly, the Complainant did not choose to
proceed further present case, which has been filed against the
accused petitioner for realization of amount in question. In the
above circumstances the instant petition is necessary to resolve
the disputes as well as criminal case going on between the
parties, and the parties became agree to resolve disputes from
outside the court.
Para-12:- That the entire dispute giving arise to the lodging of
the complainant case No. 146/2018 has been sorted out amicably
by way of mutual understanding.
That it is pertinent to mention here that the
Complainant herein did not choose to proceed further, present
case and is ready settled the same, which has been lodged
against the accused petitioner.
Para-13:- That in view of the amicable settlement outside the
court, the Complainant has no grievance left against the accused
petitioner above named and in his own free will have
agreed/decided to file the present petition and will not going to
proceed further in future.
Para-14:- That with the intervention of well wishers and
common friends, family members of both the parties have
amicably settled their disputes/liabilities whatsoever was
existing previously and good feelings have been restored among
them due to arrival of present compromise."
15. Considering the facts and in the circumstances of the case
and also considering the fact that the petitioner is in custody since
18.03.2024, during pendency of this Criminal Revision, the
petitioner namely Santosh Kumar Singh is directed to be released
on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of Sri Nirupam Kumar, Sub-Divisional Judicial
Magistrate, Lohardaga/ or his Successor Court in connection with
Complaint Case No. 146 of 2016 corresponding to T. R. No. 289
of 2018
16. Thus, I. A. No. 2557 of 2025 stands disposed of.
17. Put up this case on 08.05.2025.
(Sanjay Prasad, J.)
Kamlesh/
