Jharkhand High Court
Raj Kumar Pandey vs The State Of Jharkhand on 16 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev.No. 1179 of 2024
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Raj Kumar Pandey ...... Petitioner
Versus
1. The State of Jharkhand
2. Shiva Kumar Paswan ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner :Mr. Anil Kr. Sinha, Advocate
For the State : Mr. Sunil Kr. Dubey,A.P.P.
For the O.P. No. 2 : Mrs. Nanda Kumari, Advocate
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Order No. 05/ Dated: 16.01.2025
I.A. No. 12315 of 2024
This Criminal Revision has been filed on behalf of the
petitioner by challenging the judgment dated 01.03.2024
passed by Sri Diwakar Pandey, learned Judicial Commissioner,
Ranchi in Criminal Appeal No. 12 of 2023 by which the
appeal filed by the petitioner has been dismissed whereby
affirming the judgment of conviction and order of sentence
dated 19.12.2022 passed by Sri Digvijay Nath Shukla, the
learned Judicial Magistrate 1st Class, Ranchi in connection
with Complaint Case No. 1150 of 2018 by which the petitioner
has been convicted for the offence under section 138 of the
Negotiable Instruments Act, 1881 and sentenced to undergo
S.I. for the period of one (1) year and also to pay fine of
Rs. 3,20,000/- by way of compensation in terms of section 357
(3) of Cr.P.C. and in default of the same, he is further
sentenced to undergo S.I. of six (06) months.
2. Heard learned counsel for the petitioner, learned A.P.P
and learned counsel for the O.P. No. 2.
3. I.A. No. 12315 of 2024 has been filed on behalf of the
petitioner under section 5 of Limitation Act for condoning the
delay of 141 days in filing of the Criminal Revision
Application.
4. Having heard the learned counsel for both the sides
and in the light of averments made in paragraph 6 to 9 of I.A.
No. 12315 of 2024, delay of 141 days is condoned.
5. Thus, I.A. No. 12315 of 2024 is allowed and stands
disposed of.
I.A. No. 12866 of 2024 and I.A. No. 256 of 2025
6. Thereafter, I.A. No. 12866 of 2024 and I.A. No. 256
of 2025 have been pressed by the learned counsel for the
petitioner.
7. I.A. No. 12866 of 2024 has been filed on behalf of
the petitioner for grant of bail who is in custody since
17.10.2024.
8. Learned counsel for the petitioner submitted that
the case has been compromised between the petitioner and
O.P. No. 2 and the petitioner has paid a sum of Rs. 1,00,000/-
in cash out of Rs. 3,00,000/- to the O.P. No. 2 and he is also
ready to pay the remaining amount within three (03) months
after being released from the jail and hence he may be
enlarged on bail.
9. On the other hand, no objection has been raised
by the learned A.P.P.
10. Learned counsel for the O.P. No. 2 has also
admitted the factum of compromise between the petitioner and
the O.P. No. 2. Learned counsel for the O.P. No. 2 submitted
that the O.P. No. 2 has received Rs. 1,00,000/- in cash from
the petitioner and he has raised no objection to the prayer of
the petitioner.
11. Having heard learned counsel for both the
sides and going through the averments made in paragraph
5,6,7, in I.A. No. 256 of 2025, for prayer for bail can be
allowed on the point of compromise.
12. Considering the facts and in the circumstances,
the petitioner namely Raj Kumar Pandey is directed to be
released on provisional bail for a period of twelve (12)
weeks from today, on furnishing bail bond of Rs. 10,000/-
with two sureties of the like amount each to the satisfaction
of Sri Digvijay Nath Shukla, Judicial Magistrate 1st
Class, Ranchi or his successor Court passed in
connection with the Complaint Case No. 1150 of 2018
subject to the condition that the petitioner may pay remaining
amount within three (03) months.
13. Thus, I.A. No. 12866 of 2024 is allowed and
stands disposed of.
14. Call for the scanned copies of the Lower Court
Record.
15. Put up this case on 03.03.2025.
(Sanjay Prasad, J.)
Bibha/
