Citation : 2025 Latest Caselaw 7417 Jhar
Judgement Date : 2 December, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision Filing No. 18674 of 2024
Altaf Raza @ Mayun Khan @ Mayur Khan ... Petitioner
-Versus-
1. The State of Jharkhand
2. Gulam Haider ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Shahid Khan, Advocate
For the State : Mr. Azeemuddin, A.P.P.
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06/02.12.2025 Learned counsel appearing for the petitioner submits that the matter
is arising out of Section 138 of the Negotiable Instrument Act. He further
submits that the petitioner has been convicted and sentenced to undergo S.I.
for 6 months and he has been directed to pay a sum of Rs.10,00,000/- as
compensation to opposite party no.2 in Complaint Case No.1021 of 2021,
corresponding to T.R. No.414 of 2023 passed by the learned Judicial
Magistrate, 1st Class, Koderma vide judgment dated 01.09.2023. He then
submits that the said judgment was affirmed by the learned Sessions Judge,
Koderma in Criminal Appeal No.62 of 2023, vide judgment dated 22.06.2024.
He next submits that I.A. No.15898 of 2025 has been filed for exemption from
surrender before the learned Court. He also submits that he has got
instruction that the petitioner is ready to compromise the matter. He further
submits that he has been further instructed that the petitioner will deposit a
sum of Rs.5,00,000/- in the office of the learned Registrar General of this
Court and the petitioner will pay further amount after appearance of opposite
party no.2. On these grounds, he submits that the petitioner may kindly be
exempted from surrender before the learned Court.
-1- Criminal Revision Filing No. 18674 of 2024
2. Learned counsel appearing for the State submits that it appears that
this matter is arising out of Section 138 of the Negotiable Instrument Act.
3. In view of the above and looking into the contents of the I.A., meant
for exemption and further the petitioner is ready to deposit Rs.5,00,000/- in
the name of opposite party no.2 before the learned Registrar General, as
disclosed in paragraph 7 of the said I.A. and in that view of the matter, the
petitioner is directed to deposit the bank draft of Rs.5,00,000/- in the name
of opposite party no.2/complainant before the learned Registrar General of
this Court within a week.
4. In view of the above and considering the nature of the case, it
transpires that exceptional circumstance is made out in light of Rule 159 of
the High Court of Jharkhand Rules, 2001 and, as such, the petitioner is,
hereby, exempted from surrender before the learned Court in connection with
Complaint Case No.1021/2021, corresponding to T.R. No.414/2023.
5. Accordingly, I.A. No.15898 of 2025 is allowed and disposed of.
6. Learned counsel for the petitioner is not pressing I.A. No.10391 of
2024.
7. Accordingly, I.A. No.10391 of 2024 is dismissed as not pressed.
8. Issue notice upon opposite party no.2 by ordinary process as well as
by speed post, for which, requisites etc. shall be filed within a week.
9. Office will proceed further as per the procedure.
(Sanjay Kumar Dwivedi, J.)
Dated: 2nd December, 2025
Ajay/
-2- Criminal Revision Filing No. 18674 of 2024
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