Jharkhand High Court
Md. Abid Aged About 44 Years S/O Late ... vs The State Of Jharkhand on 14 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 230 of 2024
....
Md. Abid aged about 44 years S/O Late Hakimuddin R/O
Village-Huwag P.O. & PS- Mandu, District- Ramgarh
( Jharkhand) ...... Petitioner
Versus
1. The State of Jharkhand
2. Naim Ahmad S/o Late Nasim Ahmad @ Shahban Ali R/O
Village-Charhi, PO & PS- Gola, Disrict-Ramgarh
(Jharkhand) ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Kripa Shankar Nanda, Advocate
Md Zafar Alam, Advocate
For the State : Mr. Mohua Palit, A. P. P.
For the O. P. No. 2 : None.
......
11/14.02.2025 The present Criminal Revision has been filed by the
petitioner challenging the judgment dated 06.01.2024 passed in
Criminal Appeal No. 42 of 2023 by the learned Principal District
and Sessions Judge, Ramgarh by which learned Principal
District and Sessions Judge, Ramgarh has dismissed the
Criminal Appeal No. 42 of 2023 by affirming the judgment of
conviction and order of sentence dated 06.07.2023 passed by Sri
Khalid Rasheed Ali Ahmad, Judicial Magistrate, 1st Class,
Ramgarh in connection with Complaint Case No. 1571 of 2013
by which the petitioner has been convicted for the offence under
Section 138 of the N. I. Act and sentenced to undergo for a
period of eighteen (18) months and further directed to pay
Rs. 5,60,000/- as compensation under Section 357 (3) of the
Cr. P. C.
2. I.A. No. 10781 of 2024 has been filed on behalf of the
petitioner under Rule 159 of the Jharkhand High Court, 2001 for
exempting him from surrender before the learned Court below.
3. Heard learned counsel for the petitioner and learned
counsel for the State.
4. It is submitted by the learned counsel for the petitioner
that the petitioner has deposited the compensation amount of
Rs. 5,60,000/-. It is submitted that Rs. 2,80,000/- by way of
Demand Draft in the name of the opposite party no. 2 had been
deposited in the learned Court below and Rs. 1,12,000/- in the
learned Court below and Rs. 1,68,000/- has also been deposited
by way of Demand Draft in the name of the opposite party no. 2
in the office of the learned Registrar General of this Court. It is
submitted that he has no objection, if the opposite party no. 2 is
allowed to take the said amount. It is further submitted that the
petitioner is ready to settle the dispute with the opposite party
no. 2 and as such, in the interest of justice, the petitioner may be
exempted from the surrender in the learned Court below.
5. Learned counsel for the State raised no objection for
exemption from surrendering in the learned Court below.
6. It appears from the record that the petitioner has
deposited the compensation amount of Rs. 5,60,000/- i.e
Rs. 2,80,000/- by way of Demand Draft in the name of the
opposite party no. 2 on 17.10.2024 before the learned Court
below i.e. the Court of Sri Rohit Kumar, Vacation Magistrate,
Ramgarh and Rs. 1,12,000/- in the learned Court below on
26.08.2023 and the photocopies of the order dated 1710.2024
and receipt dated 26.08.2023 have been produced by the leaned
counsel for the petitioner and let the same be kept on record.
7. It further appears that the petitioner has also deposited
Rs. 1,68,000/- on 28.01.2025 by way of Demand Draft in the
name of the opposite party no. 2 in the office of the learned
Registrar General of this Court.
8. Thus, it appears that the petitioner has deposited the
entire compensation amount of Rs. 5,60,000/-, which was the
amount of compensation under Section 138 of the N. I. Act.
9. It also appears that despite service of notice, the
opposite party no. 2 has not appeared.
10. Under the circumstances and considering the
submission of the learned counsel for the petitioner and the
learned counsel for State and also in light of the provisions of
Rule 159 of the High Court of Jharkhand Rules, 2001, the
petitioner is exempted from surrendering in the learned Court
below.
11. Accordingly, I.A. No. 10781 of 2024 is allowed and
stands disposed of.
12. Let a copy of this order be sent to the office of learned
Registrar General, Jharkhand High Court, Ranchi and to the
learned Court below by FAX for the needful.
13. Issue fresh notice to the opposite party no. 2 as to why
this Criminal Revision Application may not be admitted and/or
disposed of at the admission stage itself and for which requisites
etc. under registered cover with A/D and ordinary process must
be filed within two weeks from today failing which this Criminal
Revision Application shall stand dismissed without further
reference to the Bench.
14. Scanned copy of the Lower Court Records have already
been received.
15. Put up this case on 30.04.2025.
(Sanjay Prasad, J.)
Kamlesh/
