Jharkhand High Court
Sarju Das @ Saryu Das vs The State Of Jharkhand on 25 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:25338 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.1138 of 2018
Sarju Das @ Saryu Das, aged about 50 years, son of Late Etwari Das,
Resident of Village - Sidhabad, Baghmara, P.O. - Brahamandiha, P.S. -
Topchanchi, Distt. Dhanbad (Jharkhand) .... ... Petitioner
Versus
1. The State of Jharkhand
2. Lakhan Swamy Aiyar @ Lakhan Swamy Ayre, aged about 35 years,
son of Sri Balram Swamy Aiyar @ Balram Swamy Ayre, Resident of
Mahavir Nagar, Bhuda, P.O. & P.S. Dhansar, Distt- Dhanbad
(Jharkhand) ..... ... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Ramchandra Sahu, Advocate.
For the Opp. Parties : Mr. Gautam Rakesh, APP
For the O.P. No.2 : Mr. Sanjay Kumar Pandey, Advocate
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10/25.08.2025 I.A. No.7882 of 2018
This interlocutory application has been filed for condoning the
delay of 21 days.
2. Learned counsel appearing for the petitioner submits that there
is delay of 21 days in filing of the criminal revision application and it
may kindly be condoned.
3. Learned counsel for the State as well as the opposite party No.2
has no serious objection.
4. In view of the reasons assigned in the I.A., the delay of 21 days
is hereby condoned and the I.A. No.7882 of 2018 is allowed and
disposed of.
5. This Criminal Revision has been filed against the Judgment of
learned Sessions Judge, Dhanbad passed in Cr. Appeal No.203 of
2017, whereby the Criminal Appeal preferred by the petitioner has
been dismissed affirming the Judgment of conviction and order of
( 2025:JHHC:25338 )
sentence dated 22.09.2017, passed by learned Judicial Magistrate, 1st
Class, Dhanbad in C.P. Case No.1597 of 2014, corresponding to T.R.
No.766 of 2017.
6. Learned counsel appearing for the petitioner submits that the
learned Judicial Magistrate has convicted the Petitioner for the
offence punishable under Section 417 of IPC and sentenced him to
undergo six months and to pay a fine of Rs.1,000/- for committing
the offence under Section 417 of IPC and in default of payment of
fine, the petitioner was further sentenced to undergo S.I. for 15 days.
7. Learned counsel appearing for the petitioner submits that the
complaint case has been filed alleging that the petitioner has
requested for monetary help of Rs.45,000/- by way of friendly loan,
which was provided by the complainant. However, later on, the said
amount was not returned and in view of that, the complaint case has
been filed. He submits that in the aforesaid background, the learned
Judicial Magistrate passed the aforesaid sentence, which has been
affirmed by the learned Sessions Judge in Criminal Appeal No.203 of
2017.
8. He submits that now good sense is prevailed between the parties
and compromise has been taken place and the compromise petition
has been filed. He submits that a sum of Rs.25,000/- has already
been paid, which has been recorded in the order dated 12.06.2024 of
this case and further Rs.20,000/- has also been paid and the joint
compromise petition is there. He submits that the case is
compoundable in the light of Section 320 of Cr.P.C.
( 2025:JHHC:25338 )
9. Learned counsel appearing for the opposite Party No.2 Mr.
Sanjay Kumar Pandey submits that the compromise is there and the
said compromise has been filed on separate affidavit by both the
sides and in view of that he submits that the case can be compounded
under Section 320 of Cr.P.C.
10. Learned counsel appearing for the State submits that it appears
that the compromise is there.
11. In view of the above and considering that the amount has been
paid and Section 417 of IPC is compoundable under Section 320 of
Cr.P.C, corresponding to Section 359 of BNSS, 2023.
12. In view of that, this Court allows compounding the case
between the parties and in the light of Section 320 of Cr.P.C and in
view of compounding, the Judgment dated 17.04.2018 passed in
Criminal Appeal No.203 of 2017 and the Judgment of Conviction
and order of Sentence dated 22.09.2017 passed in C.P. Case No.1597
of 2014, corresponding to T.R. No.766 of 2017 by the learned
Judicial Magistrate, 1st Class are hereby set-aside.
13. This Revision Petition is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
R.Kumar
