Citation : 2025 Latest Caselaw 271 Jhar
Judgement Date : 8 May, 2025
2025:JHHC:14143
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 461 of 2025
Gurprit Singh @ Gurpreet Singh Pannu, aged about 38 years, son of
Late Ajaib Singh, Resident of House No.20, Road No.4, Adarsh
Nagar, Dimna Road, Near Old Check Post, P.O and P.S-Mango,
Town-Jamshedpur, District-East Singhbhum ...... Petitioner
Versus
1. The State of Jharkhand
2.Devendra Kumar, son of Late Mahadeo Prasad, Resident of Adarsh
Nagar, Near Hanuman Mandir, Old Check Post, Dimna Road, P.O
and P.S-Mango, Town-Jamshedpur, District-East Singhbhum.
....... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Rohan Mazumdar, Advocate
: Mr. Srikant Swaroop, Advocate
For the State : Mr. Satish Prasad, APP
For the O.P. No.2 : Mr. Vineet Sinha, Advocate
-----------
th
13/Dated:08 May, 2025
This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 05.02.2024 passed by Sri Abhas Verma, learned Additional Sessions Judge-II, Jamshedpur in Cr. Appeal No.171 of 2023 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 14.07.2023 passed by Ms. Monica Srivastava, learned Judicial Magistrate-Ist Class, Jamshedpur in Complaint Case No.108 of 2020 by which the petitioner has been convicted for the offence under Section 138 of the N.I Act and sentenced to under S.I for six (06) months and to pay compensation of Rs.3,56,000/- to the complainant under section 357(3) Cr.P.C.
2. I.A. No.5283 of 2025 has been filed on behalf of the petitioner and the O.P. No.2 by way of Joint Compromise Petition.
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3. Learned counsel for the petitioner submitted that the case has been compromised between the petitioner and the O.P. No.2 and the petitioner has deposited Demand Draft of Rs.2,75,000/- before the office of the learned Registrar General and the petitioner has no objection if the O.P. No.2 withdraw the said Demand Draft deposited before the learned Registrar General and hence the impugned judgments passed by the learned Appellate Court as well as the learned Trial Court may be set aside and the petitioner may be acquitted.
4. Learned APP for the State has raised no objection.
5. On the other hand, learned counsel for the O.P. No.2 also raised no objection and submitted that the case has been compromised. However, learned counsel for the O.P. No.2 further submitted that the O.P. No.2 may be permitted to withdraw the said Demand Draft of Rs.2,75,000/- submitted before the office of the learned Registrar General by the petitioner and hence necessary order may be passed.
6. Perused the records of this case and I.A. No.5283 of 2025.
7. It appears that petitioner has already been exempted from surrendering before the learned Court vide order dated 01.05.2025 and he has already deposited Demand Draft of Rs.2,75,000/- in the office of learned Registrar General pursuant to order dated 05.03.2025 passed by this Court.
8. Paragraph No.1, 6, 7, 8 and 9 of the I.A. No.5283 of 2025 read as follows:-
"Para-1:- That the present interlocutory application is being filed jointly by the petitioner and the opposite party no.2 pursuant to an amicable settlement arrived at between the parties for resolving their dispute outside the Court, whereby a sum of Rs.2,75,000/- (Rupees Two Lakhs Seventy-Five
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Thousand only) has been agreed upon as full and final settlement of the compensation amount awarded to opposite party no.2.
Para-6:- That during the pendency of the present criminal revision, the parties have arrived at an amicable resolution, wherein opposite party no.2 has agreed to receive Rs.2,75,000/- as full and final settlement of the compensation amount. Para-7:- That the petitioner undertakes to make the aforesaid payment of Rs.2,75,000/- as an when a final order is passed by this Hon'ble Court accepting the terms of compromise.
Para-8:- That in furtherance of the said compromise, the petitioner has issued a Demand Draft bearing No.533825 dated 22.04.2025 in favour of opposite party no.2. The said Demand Draft shall remain deposited in the custody of the Hon'ble Registrar General of this Hon'ble Court until final disposal of the matter, in terms of the previous direction issued by this Hon'ble Court.
Para-9:- That the respondents undertake that they will receive the DD upon passing of the order of this Hon'ble High Court."
9. It appears that the case has been compromised between the petitioner and the O.P. No.2 and the petitioner has deposited Demand Draft of Rs.2,75,000/- in the office of the learned Registrar General and there is no grievance between the parties now.
10. Under the circumstances, the judgment dated 05.02.2024 passed by Sri Abhas Verma, learned Additional Sessions Judge-II, Jamshedpur in Cr. Appeal No.171 of 2023 and the judgment of conviction and order of sentence dated 14.07.2023 passed by Ms. Monica Srivastava, learned Judicial Magistrate-Ist Class, Jamshedpur in Complaint Case No.108 of 2020 are set aside and the petitioner namely Gurprit Singh @ Gurpreet Singh Pannu is acquitted for the offence under section 138 of the N.I. Act and the petitioner-Gurprit Singh @ Gurpreet
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Singh Pannu is set at free.
11. Accordingly, Cr. Revision No.461 of 2024 is allowed and stands disposed of in terms of compromise.
12. The O.P. No.2 is permitted to withdraw the said Demand Draft of Rs.2,75,000/- from the office of the learned Registrar General by filing any appropriate Application.
13. Consequently, I.A. No.5283 of 2025 also stands disposed of.
14. Let a copy of this order be sent to the office of the learned Registrar General for the needful.
(Sanjay Prasad, J.) Saket/-
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