[Cites 1, Cited by 0]
Jharkhand High Court
Jaikishan Tamera vs The State Of Jharkhand on 8 December, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 861 of 2025
Jaikishan Tamera ... Petitioner
-Versus-
1. The State of Jharkhand
2. Ajay Kumar Agarwal @ Ajay Kumar Agrawal ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Mr. Pankaj Kumar, P.P.
For O.P. No.2 : Mrs. Rakhi Rani, Advocate
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04/08.12.2025 I.A. No.10813 of 2025
I.A. No.10813 of 2025 has been filed for condonation of delay of 221
days in filing the present criminal revision petition.
2. Learned counsel for the petitioner submit that the matter is arising
under Section 138 of the Negotiable Instrument Act. He further submits that
the petitioner has been convicted under Section 138 of the Negotiable
Instrument Act and he has been sentenced to undergo S.I. for one year along
with compensation amount of 5,50,000/- by the learned Judicial Magistrate,
1st Class, Lohardaga in Complaint Case No.96/2020, T.R. No.549/2023 vide
judgment dated 18.07.2023. He further submits that the said judgment has
been challenged by the petitioner by filing Criminal Appeal No.94/2023 before
the learned first appellate court, which has been dismissed by the learned
Additional Sessions Judge-I, Lohardaga vide judgment dated 20.09.2024 and
the judgment of the learned trial court has been affirmed. He then submits
that the said delay has occurred in view of the fact that the communication
was made to the petitioner belatedly. He also submits that the petitioner is in
custody since 24.05.2025 i.e. more than six months. He further submits that
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he has been instructed that the petitioner is ready to compromise the matter
and at present, he will pay 10% of the cheque amount to the complainant.
He submits that in view of that, the delay may kindly be condoned.
3. Learned counsel appearing for the complainant/opposite party no.2
vehemently opposes the prayer of condonation of delay of 221 days and
submits that the contention is misconceived and it cannot be believed that
the petitioner was not knowing about the matter and in view of that, she
submits that the delay may not be condoned.
4. In view of the above and considering that the petitioner is in custody
since 24.05.2025 and the delay has occurred as communication was made
belatedly to the petitioner and further considering that the statement has
been made that the petitioner is ready to negotiate the matter for
compromise and he will pay 10% of the cheque amount and in that view of
the matter, the delay of 221 days in filing the present criminal revision petition
is, hereby, condoned.
5. Accordingly, I.A. No.10813 of 20255 is allowed and disposed of.
6. I.A. No.10812 of 2025 has been filed for grant of bail to the petitioner
during pendency of this criminal revision petition.
7. Learned counsel appearing for the petitioner submits that the
petitioner is in custody since 24.05.2025. He further submits that he has been
instructed that the petitioner is ready to compromise the matter and at
present, he will pay 10% of the cheque amount within a period of two weeks.
8. Learned counsel appearing for the State submits that it appears that
the matter is arising under Section 138 of the Negotiable Instrument Act.
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9. Learned counsel appearing for the complainant/opposite party no.2
submits that at least 50% of the cheque amount may kindly be allowed to be
paid to the complainant.
10. In view of the above submissions of the learned counsel for the parties
and considering that the petitioner is in custody since 24.05.2025 and the
petitioner is ready to pay 10% of the cheque amount, at present, to the
complainant, the petitioner is directed to deposit Rs.1,00,000/- by way of
bank draft in the name of the complainant before the learned Registrar
General of this Court by 22.12.2025.
11. Accordingly, during the pendency of this criminal revision petition, the
petitioner above-named is directed to be released on bail, on furnishing bail
bonds of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate, 1st Class,
Lohardaga in connection with Complaint Case No.96/2020 (T.R. No.549/2023).
12. If the said amount is not deposited and direction is not complied with
by the petitioner within the aforesaid period, the complainant is at liberty to
file proper petition before this Court.
13. Accordingly, I.A. No.10812 of 2025 is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Dated: 8th December, 2025
Ajay/
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