[Cites 2, Cited by 0]
Jharkhand High Court
Pankaj Kumar 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
Cr. Revision No. 979 of 2025
Pankaj Kumar ...... ... Petitioner
Versus
1.The State of Jharkhand
2.Uday Kumar Singh
..... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :Mr. Santosh Kr. Soni, Advocate
For the State : Mr. Vijoy Kr. Sinha, A.P.P
For the O.P. No.2 : Mr. Diwakar Jha, Advocate
04/ 08.12.2025: Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the O.P. No.2.
2. I.A. No.12510 of 2025 has been filed for condoning the delay of 267
days in filing the revision application.
3. Learned counsel for the petitioner submits that in preparation and
collecting the documents such delay has occurred in view of that the delay of
267 days may kindly be condoned.
4. Learned counsel for the State and O.P. No.2 oppose the prayer.
5. Considering that the matter is arising out of Negotiable Instrument
Act and for the reasons assigned in the I.A, the Court finds that sufficient
ground has been made for condoning the delay. As such, delay of 267 days in
filing the revision application is condoned.
6. I.A. No.12510 of 2025 stands allowed and disposed of
7. I.A. No.12499 of 2025 has been filed for suspension of sentence
and release the petitioner on bail during the pendency of the instant criminal
revision.
8. Learned counsel appearing for the petitioner submits that the
learned Judicial Magistrate, Ist Class, Koderma by judgement dated
12.09.2023 held the petitioner guilty under section 138 of N.I. Act arising
out of Complaint Case No. 1271 of 2021, T.R. No. 290/2023 and further
sentenced the petitioner to undergo S.I. for six months and to pay Rs.
8,40,000/- by way of compensation to the complainant within 45 days. He
further submits that said judgment was challenged before the learned
Sessions Judge, Koderma, in Criminal Appeal No. 65 of 2023 and by
judgment dated 11.09.2024 the learned appellate court has been pleased to
dismiss the appeal and affirmed the judgment of learned trial court.
9. Learned counsel for the petitioner submits that petitioner is in
judicial custody since 20.08.2025 and awarded sentence is six months. He
further submits that before the appellate Court the petitioner has already
deposited Rs. 2,00,000/- and petitioner is ready to negotiate with the
complainant on the point of compromise if he is released from the custody.
5. Learned counsel for the State submits that the matter is arising
out of Negotiable Instrument Act.
10. Learned counsel for the O.P. No.2 submits that he has no
instruction that deposited amount before the learned appellate court has
been received by the complainant or not. He further submits that petitioner
may kindly be directed to pay certain amount to the complainant.
11. In view of above and considering that matter is arising out
138 of N.I. Act, the petitioner is in custody since 20.08.2025 and the
petitioner has already deposited Rs. 2,00,000/- before the learned appellate
court and in view of that the petitioner is directed to deposit a bank draft
of Rs. 1,00,000/- drawn in the name of complainant before the learned
Registrar General of this Court by 22.12.2025.
12. In view of above, during pendency of this criminal revision
petition, the petitioner above named, is directed to be released on bail, on
furnishing bail bond of Rs.10,000/- (Ten Thousand only) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Ist Class, Koderma in connection with Complaint Case No. 1271 of 2021, T.R.
No. 290/2023, subject to compliance of aforesaid condition and also subject
to the condition that one of the bailor must be own relative.
13. I.A. No.12499 of 2025 is allowed and disposed of.
14. If the aforesaid direction is not complied by the petitioner
within stipulated period, complainant is put at liberty to file appropriate
petition before this Court.
( Sanjay Kumar Dwivedi, J.)
Dt. 08.12.2025
satyarthi-
