Jharkhand High Court
Satish Kumar Chawla @ S.K. Chawla vs The State Of Jharkhand on 4 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 12 of 2025
with
I.A. No. 1194 of 2025
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Satish Kumar Chawla @ S.K. Chawla, son of late Daulat Ram
Chawla, resident of Manish Music Centre, Opposite to Bank of India,
Station Road, Jugsalai, P.O. and P.S. Jugsalai, Town Jamshedpur,
Dist. East Singhbhum.
... ... Petitioner
Versus
1. The State of Jharkhand
2. Virendra Kumar Marwah, son of K.L. Marwah, resident of near
Post Office, Back Side of Rani Sati Mandir, P.O. and P.S. Jugsalai,
Town Jamshedpur, Dist. East Singhbhum.
... ... Opp. Parties
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CORAM :HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Ms. J. Mazumdar, Advocate
Mr. Rohan Mazumdar, Advocate
For the State : Mr. Rakesh Ranjan, APP
For the O.P. No. 2 : Mr. Naresh Pd. Thakur, Advocate
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04/ 04.03.2025 Heard the parties.
2. This criminal revision has been filed on behalf of the
petitioner challenging the judgment dated 05.12.2024, passed
by Sri Anil Kumar Mishra No. 1, learned Sessions Judge,
East Singhbhum at Jamshedpur in Criminal Appeal No. 94 of
2024, by which the appeal filed by the petitioner has been
dismissed, affirming the judgment of conviction and order of
sentence dated 10.04.2024, passed by Sri Anil Kumar-III,
learned Judicial Magistrate, 1st Class, Jamshedpur in C/1
Case No.1374 of 2021, whereby the petitioner has been
convicted for the offence under Section 138 of Negotiable
Instrument Act and sentenced to pay Rs.5,30,000/- as fine
amount and in default of payment of fine, petitioner was
directed to undergo S.I. for one year.
3. By way of I.A. No. 1194 of 2025, a joint compromise
petition has been filed on behalf of the petitioner and
opposite party No. 2.
4. Learned counsel for the petitioner has submitted that
impugned judgments and sentence passed by the learned
Courts below are illegal, arbitrary and not sustainable in the
eyes of law. However, learned counsel for the petitioner
further submits that the disputes between the parties has been
compromised inasmuch as petitioner has paid Rs.4.00 lakhs
to opposite party No. 2-Virendra Kumar Marwah, by way of
Demand Draft No. 303418 dated 13.01.2025 drawn on Union
Bank of India, Jugsalai, towards full and final settlement and
hence, the impugned judgments may be set aside and
petitioner may be acquitted.
5. On the other hand, learned APP representing the
opposite party-State does not object to the submissions made
by learned counsel for the petitioner.
6. Learned counsel for the opposite party No. 2 has also
admitted the factum of compromise between the parties and
receipt of Rs.4.00 lakhs by way of demand draft and submits
that now the opposite Party No. 2 has no grievance against
the petitioner.
7. Having heard learned counsel for both the sides and
from going through the records it appears petitioner and
opposite party no. 2 have got their case compromised.
8. It further appears that earlier vide order dated
21.02.2025, this Court has exempted the petitioner from
surrendering before the learned Court below in view of
compromised between the parties.
9. However, during the pendency of the original Criminal
Revision, a joint compromise petition by way of Interlocutory
Application being I.A. (Cr.). No. 1194 of 2025 has been filed.
The relevant paragraph Nos. 3, 4, 5, 6, 7, 8 & 9 of the said
interlocutory application reads as follows:
"3. That it is humbly stated and submitted that
during pendency of this case, the Opposite Party
No. 2/ Complainant, namely, Virendra Kumar
Marwah as well as petitioner have entered into a
compromise on the intervention of well-wishers and
close relatives and, they have compromised the
matter among themselves and now the Opposite
Party No. 2/ Complainant, namely, Virendra
Kumar Marwah does not want to proceed with this
case.
4. That it is humbly stated that the parties hereto
have quite sensibly thought over the issue of future
prospects including both impact and benefits and
have arrived on conclusion that it would be better
that the petitioner and the Opposite Party No. 2/
Complainant, namely, Virendra Kumar Marwah,
may get settled the dispute.
5. That it is humbly stated that in view of the
compromise taken place between the petitioner and
the Opposite Party No. 2/ Complainant, namely,
Virendra Kumar Marwah the parties have settled
this case on an amount of Rs. 4,00,000/- (Rupees
Four Lakhs) only.
6. That it is humbly stated that petitioner had
already paid Rs. 4,00,000/-(Rupees Four Lakhs)
through a demand draft dated 13.01.2025 to the
complainant, Virendra Kumar Marwah in full and
final settlement of the instant case and the
complainant, Virendra and the Kumar Marwah has
already received the said demand draft.
7. That it is humbly stated and submitted that since
the dispute is purely a personal and monetary
dispute between the parties and no public policy is
involved, it is a fit case where this Hon'ble Court
can exercise its jurisdiction for setting aside the
impugned judgment of conviction and order of
sentence in terms of this compromise petition.
8. That it is humbly stated and submitted that the
compromise has been entered into between the
parties amicably without any coercion and threat.
9. That no such interlocutory application for joint
compromise of the present case has been filed
earlier in the instant case."
10. In view of compromised arrived at between the parties
which apparent from interlocutory application, I.A.(Cr.) No.
1194 of 2025 stands allowed.
11. Under such circumstances, the impugned judgment
dated 05.12.2024, passed by Sri Anil Kumar Mishra No. 1,
learned Sessions Judge, East Singhbhum at Jamshedpur in
Criminal Appeal No. 94 of 2024 and judgment of conviction
and order of sentence dated 10.04.2024, passed by Sri Anil
Kumar-III, learned Judicial Magistrate, 1st Class, Jamshedpur
in C/1 Case No. 1374 of 2021, are hereby set aside in the
light of compromised arrived at between the parties and
petitioner is acquitted from the said case.
12. This Criminal Revision is allowed in terms of
compromised arrived at between the parties.
(Sanjay Prasad, J.)
Kunal
