Citation : 2025 Latest Caselaw 4944 Jhar
Judgement Date : 28 August, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision Filing No. 6276 of 2025
Ravi Kumar Verma, aged about 37 years, S/o Gopal Verma, resident of
Napendra Body Builder, Laxmi Nagar, P.O. & P.S. Pandra OP, District-
Ranchi ... Petitioner
-Versus-
1. The State of Jharkhand
2. Navin Kumar Jha, aged about 37 years, S/o Late Satya Narayan Jha,
resident of Jatra Tand Maidan, Near Pandra Government School, Pandra
Basti, P.O. & P.S. Pandra, District- Ranchi ... Opposite Parties
-----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-----
For the Petitioner : Mr. Akhouri Awinash Kumar, Advocate
For the State : Mr. Arup Kumar Dey, A.P.P.
-----
06/28.08.2025 I.A. No.10490 of 2025 has been filed for exemption from surrender in
terms of Rule 159 of the High Court of Jharkhand Rules, 2001.
2. Learned counsel for the petitioner submits that the petitioner has been
convicted and sentenced to undergo S.I. for six months and fine of
Rs.5,25,000/- to the complainant by way of compensation for the offence
under Section 138 of the Negotiable Instrument Act and in default, further
sentenced to undergo S.I. for three months passed by the learned Judicial
Magistrate, First Class, Ranchi in Complaint Case No.4140 of 2019 vide
judgment of conviction and order of sentence dated 30.07.2024. He submits
that before the learned Court, the petitioner has already deposited sum of
Rs.1,05,000/- by way of Annexure-I.A./1 and that has already been released
in favour of the complainant. He further submits that the petitioner is ready
to pay cheque amount and he has further come forward along with bank draft
of Rs.1,00,000/-, which is in the name of the Registrar General of this Court
and that can be released in favour of the complainant once he will appear
before this Court. On these grounds, he submits that the prayer for exemption
from surrender may kindly be allowed.
3. Considering Rule 159 of the High Court of Jharkhand Rules, 2001,
-1- Cr. Revision Filing No. 6276 of 2025 wherein, it has been described that in exceptional circumstances, the High
Court may allow exemption and the case is arising under Section 138 of the
Negotiable Instrument Act and the petitioner has already paid a sum of
Rs.1,05,000/- and it has been pointed out that he is further ready to return
back the cheque amount to the complainant and he has come forward with
bank draft of Rs.1,00,000/- for depositing the same in the office of the
Registrar General and pursuant to that, the same can be released in favour
of the complainant once he will appear in this case and in that view of the
matter, the Court finds that exceptional ground is made out to exempt the
petitioner from surrender before the learned court and, as such, the petitioner
is exempted from surrender in connection with judgment dated 21.11.2024
passed by the learned Judicial Commissioner, Ranchi in Criminal Appeal
No.299 of 2024.
4. Accordingly, I.A. No.10490 of 2025 is disposed of.
5. The petitioner is directed to hand over the bank draft of Rs.1,00,000/-
in the office of the Registrar General of this Court by tomorrow (29.08.2025)
and the Registrar General will deposit the same in appropriate bank account,
which will be released in favour of the complainant once he appears in this
case.
6. Issue notice upon opposite party no.2 in limitation matter being I.A.
No.10436 of 2025 by ordinary process as well as registered post with A/D, for
which, requisites etc. will be filed within a week.
7. Office will proceed further as per the procedure.
(Sanjay Kumar Dwivedi, J.)
Ajay/
-2- Cr. Revision Filing No. 6276 of 2025
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!