Jharkhand High Court
Satyendra Nath Dubey vs State Of Jharkhand on 25 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 49 of 2023
Satyendra Nath Dubey, aged about 60 years, S/o Indradeo Dubey,
R/o-58, Orchid Ashiana Garden, P.S + P.O-Sonari, Town
Jamshedpur, District East Singhbhum ...... Petitioner
Versus
1. State of Jharkhand
2.M/s SMG Metal and Minerals represented by Sachin Choudhary,
S/o Bijoy Kumar Choudhary @ Bijay Kumar Agarwal having its
office at MIG Plot no.-H-268 Dindly, Housing Colony, Adityapur-
1, P.O. and P.S Adityapur, District Seraikella
....... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Ms. Shivani Jaluka, Advocate
: Mr. Ayush, Advocate
For the State : Mr. Achinto Sen, APP
For the O.P. No.2 : Mr. Arvind Kumar, Advocate
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th
14/Dated:25 February, 2025
This Criminal Revision Application has been filed on behalf
of the petitioner challenging the judgment dated 14.12.2022 passed
by Sri Anil Kumar Mishra No.1, learned Sessions Judge, East
Singhbhum, Jamshedpur in Cr. Appeal No.47 of 2022 by which
the appeal filed on behalf of the petitioner has been dismissed
thereby affirming the judgment of conviction and order of sentence
dated 15.03.2022 passed by Sri Mayank Maliyaz, Judicial
Magistrate, Ist Class, Jamshedpur in Complaint Case No.2404 of
2016 (T.R. No.581 of 2022) by which the petitioner has been
convicted for the offences under Section 138 of the N.I Act.
However, learned Appellate Court has modified the sentence and
the petitioner was directed to pay Rs.8,00,000/- to the complainant
as compensation under section 357(3) of the Cr.P.C and in default
of payment of compensation amount, he was further directed to
undergo Simple Imprisonment for additional one month and the
other sentence awarded to the petitioner remained unchanged.
Although Judicial Magistrate, Ist Class, Jamshedpur had
convicted the petitioner for the offence under Section 138 of the
N.I Act and sentenced him to undergo S.I for one year and directed
to pay Rs.1,00,000/- as compensation to the complainant under
section 357(3) of Cr.P.C.
2. I.A. No. 12950 of 2024 has been filed on behalf of the
petitioner as well as the O.P. No.2 by way of Joint Compromise
Petition dated 03.12.2024.
3. Learned counsel for the petitioner submitted that the case
has been compromised between the petitioner and O.P.No.2 and
the petitioner has deposited a sum of Rs.5,00,000/- (Rs.Five
Lakhs) in the Account of the learned Registrar General and
Demand Draft of Rs.50,000/- (Rs.Fifty Thousand) is being paid
to the learned counsel for the O.P. No.2 in Court. Hence, the
impugned judgment dated 14.12.2022 passed by the learned
Appellate Court and judgment of conviction and order of
sentence passed by the learned Trial Court dated 15.03.2022
may be set aside and this Criminal Revision Application may by
allowed.
4. Learned counsel for the O.P. No.2 has admitted the factum
of compromise and accepted the Demand Draft of Rs.50,000/-.
However, he submitted that a sum of Rs.5,00,000/- may be
handed over by the office of learned Registrar General to him. It
is further submitted that he has no grievance against the
petitioner.
5. Learned APP for the State has raised no objection.
6. Heard learned counsel for both the sides and perused the
I.A. No.12950 of 2024 (Joint Compromise Petition).
7. Paragraph No.5, 6 and 7 of the I. A. No.12950 of 2024
read as follows:-
"Para-5:- That the petitioner and the Opposite Party
No.2 has entered into compromise outside the Hon'ble
Court and as per the full and final settlement the
Petitioner shall pay as sum of Rs.5,50,000/- (INR Five
Lakhs Only) to the Opposite Party No.2 i.e., the
Complainant).
Para-6:- That it is submitted that the Petitioner has
already deposited a sum of Rs.5,00,000/- (INR Five
Lakhs Only) before the Registrar General, High Court
of Jharkhand, Ranchi in compliance of order dated 27 th
of June 2024. It is prayed that the sum of Rs.5,00,000/-
(INR Five Lakhs Only) be released in favour of the
Opposite Party No.2. The rest Rs.50,000/- (INR Fifty
Thousand Only) will be handed over in the form of
Demand Draft on the date the instant IA is listed.
Para-7:- That it is most humbly submitted that in light of
the full and final settlement between the Petitioner and
the Opposite Party No.2, the instant Criminal Revision
be allowed and the Impugned Judgment be set aside."
8. It appears that in the light of the order dated 27.06.2024
passed by the Co-ordinate Bench (Hon'ble Mrs.Justice Anubha
Rawat Choudhary), the petitioner had deposited Rs.1,00,000/-
each total Rs.5,00,000/- in the Account of learned Registrar
General.
9. It also appears that the Co-ordinate Bench (Hon'ble Mrs.
Justice Anubha Rawat Choudhary) vide order dated 27.06.2024
passed in this case, has exempted the petitioner from
surrendering in the Court below.
10. The above I.A. No.12950 of 2024 has been signed by
Ms. Shivani Jaluka, learned counsel for the petitioner and
Mr. Arbind Kumar, learned counsel for the O.P. No.2 and the
petitioner namely Satyendra Nath Dubey and the O.P. No.2-M/s
SMG Metal and Mineral represented by Sachin Choudhary have
also sworn their respective affidavits and put their respective
signatures and their Aadhar Card have also been enclosed in I.A.
No.12950 of 2024 which have been kept at page no.5, 6, 7 and 8
respectively.
11. In view of the submission made by learned counsel for
both the sides and also in view of the fact that the case has been
compromised between the petitioner and the O.P. No.2, the
judgment of conviction and sentence dated 14.12.2022 passed
by Sri Anil Kumar Mishra No.1, learned Sessions Judge, East
Singhbhum, Jamshedpur in Cr. Appeal No.47 of 2022 and the
judgment of conviction and order of sentence dated 15.03.2022
passed by Sri Mayank Maliyaz, Judicial Magistrate, Ist Class,
Jamshedpur in Complaint Case No.2404 of 2016 (T.R. No.581
of 2022) are set aside and the petitioner namely Satyendra Nath
Dubey is acquitted in view of compromise for the offence under
section 138 of the N.I. Act.
12. Learned Registrar General is directed to make payment of
Rs.5,00,000/- (Rs.Five Lakhs) in the Bank Account of O.P. No.2
on furnishing such application by the learned counsel for the
O.P. No.2 as well as O.P. No.2.
13. Accordingly, Cr. Revision No.49 of 2023 is allowed in
terms of compromise.
14. Consequently, I.A. No.12950 of 2024 is also allowed and
stands disposed of.
15. I.A. No.13017 of 2024 is dismissed as not pressed for.
16. Let a copy of this order be sent to the office of learned
Registrar General and the learned Trial Court and also to the
parties.
(Sanjay Prasad, J.)
Saket/-
