Jharkhand High Court
Gopal Kumar Mishra vs The State Of Jharkhand on 29 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1173 of 2024
....
Gopal Kumar Mishra, S/O Hiranand Mishra, aged about 42 years,
R/O Shakin- Mahavir Nagar, Dumardaga, PS- Sadar, PO- Booty,
District- Ranchi ...... Petitioner
Versus
1. The State of Jharkhand
2. Ram Kumar, S/o Ram Sevak Prasad, aged about 35 years,R/o
Deepatoli, PS- Sadar, PO- Booty, District- Ranchi
...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Shailesh Poddar, Advocate
For the State : Mr. Achinto Sen, A. P. P.
For the O. P. No. 2 : Mr. Master Akash, Advocate
......
03/29.01.2025 Heard learned counsel for the petitioner, learned counsel
for the State and learned counsel for the opposite party no. 2.
2. The present Criminal Revision No. 1173 of 2024 has
been filed on behalf of the petitioner challenging the judgment
dated 26.07.2024 passed in Criminal Appeal No. 219 of 2024 by
Sri Diwakar Pandey, the learned Judicial Commissioner, Ranchi
whereby the learned Judicial Commissioner, Ranchi has
dismissed the Criminal Appeal No. 219 of 2024 by affirming the
judgment of conviction and order of sentence dated 10.06.2024
passed by Sri Amit Gupta, Judicial Magistrate, 1st Class, Ranchi
in connection with Complaint Case No. 2548 of 2019 by which
the petitioner has been convicted for the offence under Section
138 of the Negotiable Instrument Act and sentenced to undergo
S.I. for a period of one (1) year and to pay total Rs. 14,51,000/-
to the complainant by way of compensation under Section 357(3)
of the Cr. P. C.
3. I. A. No. 523 of 2025 has been filed on behalf of the
petitioner under Section 528 BNSS read with Section 442 of
BNSS for confirmation of provisional bail of the petitioner
granted by the Co-ordinate Bench ( Hon'ble Mr. Justice Rajesh
Kumar) of this Court vide order dated 29.11.2024.
4. It is submitted by the learned counsel for the petitioner
that the petitioner has paid Rs. 7,50,000/- to the opposite party
no. 2 and further he is ready to pay Rs. 2,00,000/- today to the
opposite party no. 2 by way of Demand Draft. It is further
submitted that he is also ready to settle the dispute with the
opposite party no. 2 and desires to pay the balance amount of Rs.
5,00,000/-. It is submitted that petitioner was in custody since
29.10.2024 to 02.12.2024 and as such, provisional bail granted to
the petitioner may be confirmed.
5. Learned counsel for the State raised objection.
6. Learned counsel for the opposite party no. 2 has
opposed the prayer for confirmation of provisional bail and has
submitted that the opposite party no. 2 has received only
Rs. 6,50,000/- instead of Rs. 7,50,000/-. It is submitted that due
to act of the petitioner, the opposite party no. 2 could not
purchase the land and he has suffered a lot and as such,
provisional bail granted to the petitioner may not be confirmed.
7. Having heard learned counsel for both the sides and
from perusal of I. A. No. 523 of 2025, it appears that the
petitioner has claimed to have paid Rs. 7,50,000/- to the opposite
party no. 2. However, the opposite party no. 2 has accepted the
payment of Rs. 6,50,000/-. Today, the petitioner is ready to
deposit the Demand Draft of Rs. 2,00,000/- in favour of the
opposite party no. 2, but the opposite party no. 2 is not willing to
accept the same.
8. Under the circumstances, learned counsel for the
petitioner is directed to deposit the said Demand Draft of
Rs. 2,00,000/- in the name of the opposite party no. 2 before the
office of learned Registrar General of High Court of Jharkhand
in course of the day and shall file an affidavit with regard to
payment of the said Demand Draft before the office of learned
Registrar General of this Court within one week from today. So
far as the remaining amount of Rs. 5,00,000/- towards principal
amount is concerned, the petitioner is directed to pay the same
within four months from today, failing which the Court may
draw adverse inference against the petitioner.
9. Considering the fact that the petitioner has paid approx.
Rs. 8,50,000/- if not Rs. 9,50,000/-, provisional bail of the
petitioner granted by the Co-ordinate Bench ( Hon'ble Mr.
Justice Rajesh Kumar) of this Court vide order dated 29.11.2024
is hereby confirmed.
10. However, the petitioner is directed to deposit the said
Demand Draft in the name of the opposite party no. 2 before the
office of learned Registrar General of this Court. It will be open
to the petitioner to deposit the Demand Draft of the remaining
balance amount on monthly basis and for which he shall file
supplementary affidavit.
11. In the meantime, it will be open to the opposite party
no. 2 to receive the said Demand Draft, if he intends to
compromise the case with the petitioner.
12. Thus, I. A. No. 523 of 2025 is allowed and stands
disposed of.
13. Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party
no. 2.
14. With the consent of learned counsel for both the sides,
the matter is referred to mediation before the JHALSA and it will
be desirable that both the parties i.e. the petitioner and opposite
party no. 2 may appear before the learned Member Secretary,
JHALSA on 31.01.2025. Thereafter, the Member Secretary,
JHALSA will appoint a Mediator instantly to amicably settle the
dispute between both the sides and make an effort for
reconciliation between both the sides also and the Member
Secretary, JHALSA shall submit a report to this Court on or
before 05.03.2025.
15. Put up this case on 11.03.2025.
16. Call for the scanned copy of the Lower Court Records.
17. Let a copy of this order be sent to the office of learned
Registrar General of this Court and a copy of this order be also
sent to the learned Member Secretary, JHALSA by FAX.
(Sanjay Prasad, J.)
Kamlesh/
