Citation : 2025 Latest Caselaw 3952 Jhar
Judgement Date : 16 June, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 480 of 2025
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Md. Imran Khan ......Petitioner
Versus
1. The State of Jharkhand
2. Farhan Akhter ......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Deepak Kr. Dubey, Advocate : Mr. Rashi Sharma, Advocate For the State : Mrs. Nehala Sharmin, Spl.P.P For the O.P No. 2 : Mr. Faiz Ur Rahman, Advocate ......
Order No: 02/Dated: 16.06.2025 I.A No. 6272 of 2025 filed on behalf of the petitioner has
not been pressed as the petitioner has already surrendered before
the learned Court below.
2. Accordingly, I.A No. 6272 of 2025 stands disposed of, as
not pressed for.
3. This Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
04.02.2025 passed in Criminal Appeal No. 347 of 2024 by the
learned Additional Judicial Commissioner-XIII, Ranchi by which
the appeal filed on behalf of the petitioner has been dismissed
thereby, affirming the judgment of conviction and order of
sentence dated 04.09.2024 passed by Sri Kumar Saurabh Tripathi,
learned Judicial Magistrate 1st Class-III, Ranchi in Complaint
Case No. 10863 of 2022 by which the petitioner has been
convicted for the offence under Section 138 of the N.I Act and
sentenced to undergo S.I for six (06) months and to pay the
compensation amount of Rs. 17,00,000/-.
4. I.A No. 6565 of 2025 has been filed on behalf of the
petitioner for grant of bail.
5. Learned counsel for the petitioner has submitted that the
impugned judgments and order of sentence passed by the learned
Courts below are illegal, arbitrary and not sustainable in the eye
of law. It is submitted that the petitioner has paid Rs. 1,70.000/-
(i.e. Ten (10) per cent of the fine amount of Rs. 17,00,000/-) at the
time of filing of Criminal Appeal before the learned Appellate
Court. It is submitted that the petitioner is ready to pay
Rs. 8,30,000/- by way of demand draft to the O.P No. 2 in course
of the day.
It is further submitted that the petitioner is ready to pay
the remaining cheque amount in installments without prejudice to
his case and is also ready to settle the dispute with O.P No. 2. It is
submitted that the petitioner is in custody since 09.05.2025 and
hence, the petitioner may be enlarged on bail.
6. Learned counsel for the O.P No. 2 raised objection and
submitted that the petitioner must pay Rs. 17,00,000/- as directed
by the learned Trial Court. It is submitted that he will also seek
instruction from the O.P No. 2 regarding acceptance of demand
draft of Rs. 8,30,000/- at this stage.
7. Considering the fact that the petitioner is ready to settle
the dispute with O.P No. 2 and also brought the demand draft of
Rs. 8,30,000/- in the name of O.P No. 2, the petitioner namely
Md. Imran Khan is directed to be released on Provisional Bail for
a period of six (06) months on furnishing bail bonds of Rs.
15,000/- (Rs. Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Sri Kumar Saurabh Tripathi,
learned Judicial Magistrate 1st Class-III, Ranchi/or his successor
Court in Complaint Case No. 10863 of 2022.
8. Thus, I.A No. 6565 of 2025 is allowed and stands
disposed of.
9. During course of argument, learned counsel for the
petitioner has produced the photocopy of the Demand Draft of
Rs. 8,30,000/- in the name of O.P No. 2, let it be kept on record.
10. Put up this case on 8th July 2025.
11. In the meantime, the petitioner is directed to get deposit
the demand draft of Rs. 8,30,000/- in the name of O.P No. 2
before the learned Registrar General by tomorrow and file the
supplementary affidavit.
12. The learned Registrar General is directed to keep the said
Demand Draft of Rs. 8,30,000/- in safe custody till the further
order of this Court.
13. The petitioner is further directed to deposit remaining
cheque amount within three (03) months before the office of the
learned Registrar General without prejudice to his case.
14. However, it will be open to the learned counsel for both
the sides to file Joint Compromise Petition, if they are ready for
settlement.
15. Let a copy of this order be sent to the learned Registrar
General for the needful.
(Sanjay Prasad, J.) Avinash/
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