[Cites 8, Cited by 0]
Jharkhand High Court
Uma Devi vs The State Of Jharkhand on 16 December, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
2025:JHHC:37721
IN THE HIGH COURT OF JHARKHAND, RANCHI
Criminal Revision No. 678 of 2023
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Uma Devi, aged about 45 years, wife of Arjun Ray, resident of
Bishanpur 'B' Polytechnic, PO and PS - Dhanbad, District -
Dhanbad, Jharkhand .... Petitioner
-- Versus --
1. The State of Jharkhand
2. Sudama Kumar, son of Kamaldhari Prasad, resident of Bishanpur
'B' Polytechnic, PO and PS - Dhanbad, District - Dhanbad,
Jharkhand .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Shekhar Prasad Sinha, Advocate
For the State :- Mr. Saket Kumar, Advocate
For O.P. No.2 :- Mr. Satyam Kumar, Advocate
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05/16.12.2025 Heard learned counsel appearing for the petitioner, learned
counsel appearing for the State and learned counsel appearing for the
opposite party No.2.
2. I.A. No.5078 of 2023 has been filed for condoning the delay of
359 days in filing of the criminal revision petition.
3. Learned counsel appearing for the petitioner submits that in
arranging the amount for filing of the criminal revision such delay has
occurred. He submits in view of that the delay may kindly be condoned.
4. Learned counsel appearing for the State and Opposite Party
No.2 have got no serious objection if the said delay is condoned.
5. For the reasons assigned in the I.A. and considering that the
matter is arising under Section 138 of Negotiable Instruments Act and it
has been pointed out that the matter has been compromised between
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the parties, the delay of 359 days is hereby condoned.
6. I.A. No.5078 of 2023 is hereby allowed and disposed of.
7. This petition has been preferred against the judgment and order
of conviction and sentence dated 13.08.2020 passed by learned Judicial
Magistrate 1st Class, Dhanbad in connection with C.P. Case No.2159 of
2017/T.R. No.979 of 2020 whereby the petitioner has been convicted for
the charge under Section 138 of Negotiable Instruments Act and
sentenced to undergo S.I. for three months and fine of Rs.1,000/- and
Rs.2,50,000/- to be paid to the opposite party No.2 for indemnifying the
loss to the opposite party No.2 and in default of not making payment of
the fine amount of Rs.1,000/- to further undergo S.I. for 30 days which
has been affirmed by the order dated 24.02.2022 passed by learned
Sessions Judge, Dhanbad in Criminal Appeal No.82 of 2020.
8. Learned counsel appearing for the petitioner submits that the
matter is arising under Section 138 of Negotiable Instruments Act which
is compoundable under Section 147 of Negotiable Instruments Act. He
further submits that I.A. No.6135 of 2023 has been filed for compromise
and certain amount has already been paid to the opposite party No.2 and
the said I.A. is filed on separate affidavit by both the sides and in view of
that the matter may kindly be disposed of.
9. Learned counsel appearing for the State submits that it appears
that the compromise is there.
10. Learned counsel appearing for the opposite party No.2 accepts
the submission of learned counsel appearing for the petitioner and
submits that the matter has been compromised and in terms of the
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compromise opposite party No.2 has received the amount and in view of
that the opposite party No.2, who is the complainant, does not want to
proceed further. On these grounds, he submits that the matter may
kindly be disposed of.
11. In view of above and considering that the matter is arising under
Section 138 of Negotiable Instruments Act and which is compoundable
under Section 147 of Negotiable Instruments Act and both the sides have
compromised the matter and in view of that the prayer made in the I.A.,
meant for compromise, is hereby allowed and disposed of.
12. Reference may be made to the case of New Win Export and
Another versus A. Subramaniam reported in (2024) SCC OnLine
SC 1741, wherein at paragraph Nos.6 and 7 it has been held as under :-
"6. At this juncture, we would also like to reiterate a few
words regarding the principles of compounding of
offences in the context of NI Act. It is to be remembered
that dishonour of cheques is a regulatory offence which
was made an offence only in view of public interest so
that the reliability of these instruments can be ensured. A
large number of cases involving dishonour of cheques are
pending before courts which is a serious concern for our
judicial system. Keeping in mind that the 'compensatory
aspect' of remedy shall have priority over the 'punitive
aspect', courts should encourage compounding of
offences under the NI Act if parties are willing to do so.
(See : Damodar S. Prabhu v. Sayed Babalal H. (2010) 5
SCC 6631 , Gimpex Private Limited v. Manoj Goel (2022)
11 SCC 7052 , Meters And Instruments Private Limited v.
Kanchan Mehta (2018) 1 SCC 5603)
7. In Raj Reddy Kallem v. The State of Haryana [2024] 5
SCR 203, this Court followed the same principles and
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quashed a conviction under the NI Act, by invoking its
powers under Article 142, even though the complainant
therein declined to give consent for compounding,
observing that the accused has sufficiently compensated
the complainant."
13. In view of the above and considering the compromise between
the parties, I.A. No.6135 of 2023, meant for compromise, is hereby
allowed and disposed of and the matter is allowed to be compounded
between the parties.
14. The petitioner is hereby acquitted by setting aside the judgment
and order of conviction and sentence dated 13.08.2020 passed by
learned Judicial Magistrate 1st Class, Dhanbad in connection with C.P.
Case No.2159 of 2017/T.R. No.979 of 2020 and order dated 24.02.2022
passed by learned Sessions Judge, Dhanbad in Criminal Appeal No.82 of
2020.
15. In light of the above, the petitioner is hereby exempted to
surrender before the learned Court and surety is hereby discharged, as
such I.A. No.5886 of 2023 is disposed of.
16. This criminal revision petition is hereby allowed and disposed of.
17. Pending petition, if any, are also disposed of.
(Sanjay Kumar Dwivedi, J.)
Dated 16.12.2025
Sangam/
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