Jharkhand High Court
Karu Krishna Hansdah vs The State Of Jharkhand on 25 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:25172 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1563 of 2023
Karu Krishna Hansdah, aged about 52 years, son of Salkho Hansdah,
resident of Qr. No.L3/9, Allai Road, Burmamines, behind Dispensary,
P.O. Burmamines, P.S. Burmamines, District- East Singhbhum
... Petitioner
-Versus-
1. The State of Jharkhand
2. Satish Singh, son of late Sriniwas Singh, resident of Maa Ambey Path,
Road No.2, Pardih, Town Jamshedpur, P.O. Pardih, P.S. Azadnagar,
District- East Singhbhum, Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate
For the State : Mr. Sanjay Kumar Srivastava, A.P.P.
For O.P. No.2 : Mr. Sheo Kumar Singh, Advocate
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07/25.08.2025 Heard Mr. Jitendra Nath Upadhyay, learned counsel for the petitioner,
Mr. Sanjay Kumar Srivastava, learned counsel for the State and Mr. Sheo
Kumar Singh, learned counsel for opposite party no.2.
2. I.A. No.11639 of 2025 has been filed for condonation of delay of 19
days in filing the criminal revision petition.
3. Learned counsel for the petitioner submits that in preparation of filing
the criminal revision, such delay has occurred and in view of that, the delay
may kindly be condoned.
4. Learned counsel for the State and opposite party no.2 have got no
serious objection.
5. For the reasons assigned in the said I.A., the delay of 19 days in filing
the criminal revision petition is, hereby, condoned.
6. Accordingly, I.A. No.11639 of 2025 is allowed and disposed of.
7. This criminal revision petition has been preferred against the judgment
of conviction and order of sentence dated 23.12.2022 passed by the learned
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Judicial Magistrate, 1st Class, Jamshedpur in connection with C/1 Case
No.1997 of 2019, T.R. No.464 of 2022, whereby, the learned Magistrate has
been pleased to convict the petitioner under Section 138 of Negotiable
Instrument Act and sentence him to undergo simple imprisonment for a
period of one year for the offence under Section 138 of N.I. Act and fine of
Rs.4,40,000/-, out of which, Rs.4,35,000/- has been directed to be paid as
compensation to the complainant and Rs.5,000/- as a cost. The further prayer
is made to setting-aside the judgment dated 09.08.2023 passed in Criminal
Appeal No.07 of 2023 by the learned Additional Sessions Judge-II, East
Singhbhum, Jamshedpur, whereby, the appeal preferred by the petitioner has
been dismissed and the judgment and order of the learned trial court has
been affirmed.
8. Mr. Jitendra Nath Upadhyay, learned counsel for the petitioner submits
that the complaint case was filed under Section 138 of N.I. Act alleging
therein that sum of Rs.3,80,000/- was paid by the complainant to the
petitioner and in return the cheque was issued by the petitioner, which was
dishonoured due to insufficient balance. He submits that in this background,
the case proceeded. The learned trial court has convicted the petitioner under
Section 138 of N.I. Act and sentenced him to undergo S.I. for one year for
the said offence along with fine of Rs.4,40,000/-, out of which, Rs.4,35,000/-
has been directed to be paid as a compensation and rest Rs.5,000/- to be
paid as a cost. He further submits that the petitioner challenged the said
judgment and order of the trial court in Criminal Appeal No.07 of 2023,
however, the said appeal has been dismissed by the learned Additional
Sessions Judge-II, East Singhbhum, Jamshedpur vide judgment dated
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09.08.2023 and affirmed the judgment and order of the learned trial court.
He submits that in the aforesaid background, the present criminal revision
petition has been filed. He submits that the matter is arising out of Negotiable
Instrument Act and now a good sense has prevailed between the parties and
for that, joint compromise petition being I.A. No.11413 of 2025 has been filed.
He submits that it has been settled between the parties that the awarded
compensation of Rs.4,40,000/- will be returned to the complainant by the
petitioner in 11 installments of Rs.40,000/- each and in that view of the matter,
11 cheques have been issued by the petitioner. He submits that the matter is
arising out of Section 138 of Negotiable Instrument Act and that is
compoundable under Section 147 of the Negotiable Instrument Act.
9. Mr. Sanjay Kumar Srivastava, learned counsel for the State submits
that the matter is arising out of Negotiable Instrument act and in light of the
joint compromise petition, it appears that both the parties have compromised
the matter.
10. Mr. Sheo Kumar Singh, learned counsel for opposite party no.2 accepts
the submission of the learned counsel for the petitioner and he submits that
the compromise has taken place between the parties and 11 cheques have
already been issued by the petitioner, which has been deposited by the
complainant in the bank account of the complainant-opposite party no.2. He
further submits that joint compromise petition has been separately affidavited
by both the sides. He submits that in light of the compromise, the matter can
be disposed of.
11. In view of the above, it transpires that the matter is arising out of
Section 138 of the Negotiable Instrument Act and in light of the judgment
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and order of the learned trial court as well as appellate court, the amount of
compensation and cost has already been returned back to opposite party no.2
by the petitioner, which has been accepted by the learned counsel for
opposite party no.2.
12. In light of the above and considering Section 147 of the Negotiable
Instrument Act, which is compoundable section under the said Act, the Court
allows to compound the case. In view of that, the judgment of conviction and
order of sentence dated 23.12.2022 passed by the learned Judicial Magistrate,
1st Class, Jamshedpur in connection with C/1 Case No.1997 of 2019, T.R.
No.464 of 2022 and the judgment dated 09.08.2023 passed in Criminal
Appeal No.07 of 2023 by the learned Additional Sessions Judge-II, East
Singhbhum, Jamshedpur are, hereby, set-aside.
13. Accordingly, this criminal revision petition is allowed and disposed of.
14. Consequently, I.A. No.11413 of 2025 is also disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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