Jharkhand High Court
Avinash Kumar vs State Of Jharkhand on 20 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:24405 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 810 of 2025
Avinash Kumar, aged about 33 years, son of Sri Upendra Singh, resident
of Staff Colony, B/C Kathara, P.O. Kathara, P.S. Bokaro Thermal, District-
Bokaro ... Petitioner
-Versus-
1. State of Jharkhand
2. Sunil Kumar Singh @ Sunil Singh @ Sunil Kumar, son of Late Kishor
Sahu, resident of Staff Colony, Kathara, P.O. Kathara, P.S. Bokaro
Thermal, District- Bokaro ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Rohit Ranjan Sinha, Advocate
Mr. Siddharth Ranjan, Advocate
Mr. Harshit Ranjan Prasad, Advocate
Mrs. Neha Bhardwaj, Advocate
For the State : Mr. Sanat Kumar Jha, A.P.P.
For O.P. No.2 : Mr. Karamjit Singh Chhabra, Advocate
-----
04/20.08.2025 Learned counsel for the petitioner submits that there is delay of 277
days in filing the criminal revision petition and for condonation of such delay,
I.A. No.11180 of 2025 has been filed. He further submits that it appears that
the office inadvertently has not pointed out the said defect.
2. Learned counsel for the State and opposite party no.2 have got no
serious objection if the delay is condoned.
3. For the reasons assigned in the said I.A., the delay of 277 days in filing
the criminal revision petition is, hereby, condoned.
4. Accordingly, I.A. No.11180 of 2025 is allowed and disposed of.
5. Learned counsel for the petitioner submits that this matter may kindly
be heard on merit. Learned counsel for opposite party no.2 is also ready in
the matter and both the counsel jointly submit that this matter is arising out
of Section 138 of the Negotiable Instrument Act and compromise has already
taken place between the parties and for that, joint compromise petition has
also been filed.
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( 2025:JHHC:24405 )
6. This criminal revision petition has been preferred against the judgment
and order dated 27.07.2024 passed by the learned Additional Sessions Judge-
IV, Bokaro in Criminal Appeal No.40/2023, whereby, the learned Court
has been pleased to dismiss the appeal and judgment of conviction and order
of sentence dated 27.02.2023 passed in C.P. Case No.832/2021 by the
learned Additional Chief Judicial Magistrate, Bermo at Tenughat has been
confirmed.
7. Learned counsel for the petitioner submits that C.P. Case No.832/2021
was filed alleging therein that the cheque was dishonoured due to reason of
insufficient fund and for that, the said complaint case was filed. He submits
that the learned trial court has allowed the said complaint case and the
petitioner has been convicted under Section 138 of the Negotiable Instrument
Act and he has been sentenced to undergo S.I. for six months and direction
has been issued to pay compensation of Rs.2 Lakhs to the complainant and
in default, S.I. for 15 days has been awarded to the petitioner. He submits
that the said judgment and order was challenged before the learned appellate
court in Criminal Appeal No.40/2023 and the learned appellate court has
dismissed the appeal and confirmed the said judgment and order. He further
submits that now a good sense has prevailed between the parties and in view
of that, joint compromise petition has been filed being I.A. No.11181 of 2025.
He submits that the matter has been compromised in view of the fact that
the petitioner has already paid a sum of Rs.2 Lakhs to opposite party no.2
and photocopy of the said bankers cheque is also annexed at Annexure-1 of
the said I.A. He submits that the matter can be compoundable in light of
Section 147 of the Negotiable Instrument Act.
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( 2025:JHHC:24405 )
8. Learned counsel for opposite party no.2 submits that joint compromise
petition has been filed, which has been affidavited separately by both the
sides. He also submits that the amount of Rs.2 Lakhs has been received by
opposite party no.2.
9. In view of the fact that the offence under Section 138 of the Negotiable
Instrument Act is compoundable and in view of that, the Court allows to
compound the case. In that view of the matter, the judgment and order dated
27.07.2024 passed by the learned Additional Sessions Judge-IV, Bokaro in
Criminal Appeal No.40/2023 and the judgment of conviction and order of
sentence dated 27.02.2023 passed in C.P. Case No.832/2021 by the learned
Additional Chief Judicial Magistrate, Bermo at Tenughat are, hereby, set-aside.
10. The petitioner shall be immediately set at liberty.
11. Accordingly, this criminal revision petition is allowed and disposed of.
12. Pending I.A., if any, is disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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