Citation : 2025 Latest Caselaw 2213 Jhar
Judgement Date : 7 August, 2025
( 2025:JHHC:22306 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 505 of 2025
Gopal Gope, aged abut 54 years, son of late Pairu Gope, resident of Basanti
Mata Colliery, P.O. Mugma, P.S. Mugma, District-Dhanbad, State-Jharkhand
...... ... Petitioner
Versus
1.The State of Jharkhand
2. Karu Yadav, son of Deoki Yadav, resident of Gajuwatand, P.O.and P.S.
Dhansar, District-Dhanbad, State-Jharkhand
..... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mrs. Neeharika Mazumdar, Advocate
For the State : Mrs. Nehala Sharmin, Spl. P.P. For the O.P. No.2 : Mr. Pratiush Lala, Advocate ............
04/ 07.08.2025: Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2.
2. This revision application has been preferred challenging the legality propriety and correctness of the judgement dated 19.03.2025 passed by learned Sessions Judge, Dhanbad in Criminal Appeal No. 30 of 2025, whereby the learned Sessions Judge has been pleased to dismiss the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 18.01.2025 passed by the learned Judicial Magistrate, Ist Class, Dhanbad in C.P. Case No. 579 of 2019/T.R. No. 248 of 2025 and also challenging the judgment of conviction and order of sentence dated 18.01.2025 passed by the learned Judicial Magistrate, Ist Class, Dhanbad in C.P. Case No. 579 of 2019/T.R. No. 248 of 2025.
3. Learned counsel for the petitioner submits that the petitioner has been sentenced to undergo simple imprisonment for one year and also to pay a fine of Rs. 8,00,000/- by way of compensation and if the same is not paid in time, the same shall be recoverable under the provisions of section 421 of Cr.P.C, corresponding to Section 461 of B.N.S.S, 2023. She further submits that for some day the petitioner remained in custody and thereafter he has been released on bail. She submits that now good sense has prevailed between the parties and the petitioner has already paid a sum of Rs. 8,00,000/- to the complaint in view of judgment. She submits that section 138 of Negotiable of Instrument Act is compoundable under section 147 N.I. Act.
4. Learned counsel for the complainant accepts the said submissions and submits that the complainant has already received the said amount and compromise has taken place and in this regard I.A. No. 10318 of 2025 has been ( 2025:JHHC:22306 )
filed for joint compromise. He submits that now the complainant does not want to proceed with the case further.
5. Learned counsel for the State also accepts the said submission.
6. In view of above and considering the submissions of the learned counsel for the parties it appears that the case is arising out of Section 138 of N.I. Act, thereafter, appeal was preferred which has been dismissed and now good sense has prevailed between the parties and the compensation amount has already been paid to the complainant and for some time the petitioner has remained in custody.
7. In view of above in the light of section 320(6) of Cr.P.C. the criminal case is hereby compounded and the criminal revisional application is allowed in above terms and disposed of. Pending I.A, if any, stands disposed of.
( Sanjay Kumar Dwivedi, J.) satyarthi-
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