Krishna Pandit vs The State Of Jharkhand
2025 Latest Caselaw 71 Jhar

Jharkhand High Court

Krishna Pandit vs The State Of Jharkhand on 2 May, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Revision No. 1620 of 2023
                                      ....

Krishna Pandit, aged about 60 years, son of Preman Pandit, resident of Village-Purana Sukhrabazar, PO + PS + District- Lohardaga( Jharkhand) ...... Petitioner Versus

1. The State of Jharkhand

2. Smt. Sita Shrivastav, wife of Sri Sohan Shrivastav, resident of Mohalla Nawaripara, PO & PS + District- Lohardaga(Jharkhand) ...... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the petitioner : Mr. Vikash Kumar Advocate For the State : Mr. Abhay Kumar Tiwari, A. P. P. For the O. P. No. 2: Mr. Manish Yadav, Advocate .....

06/02.05.2025 The present Criminal Revision No. 1620 of 2023 has been filed by the petitioner challenging the judgment dated 21.12.2021 passed in Criminal Appeal No. 02 of 2020 by Sri Arvind Kumar No. 2, learned Additional Sessions Judge-III, Lohardaga by which learned District and Additional Sessions Judge-III, Lohardaga has dismissed the Criminal Appeal No. 02 of 2020 by affirming the judgment of conviction and order of sentence dated 29.11.2019 passed by Smt. Archana Kumari, learned Chief Judicial Magistrate, Lohardaga in connection with Complaint Case No. 315 of 2018 corresponding to T. R. No. 642 of 2019 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 a period of six (6) months and further directed to pay Rs. 4,50,000/- as compensation under Section 357 (3) of the Cr. P. C.

2. I.A. No. 13613 of 2024 has been filed on behalf of the petitioner and the opposite party no. 2 under Section 528 of the BNSS by way of joint compromise petition.

3. Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the opposite party no. 2.

4. It is submitted by the learned counsel for the petitioner that the case has been compromised between the petitioner and the opposite party no. 2 and the petitioner has paid the an amount of Rs. 4,00,000/- to the opposite party no. 2 and for which, a joint compromise petition by way of I. A. No. 13613 of 2024 has also been filed. It is submitted that the supplementary affidavit has also been filed on 15.04.2025 showing the mode of payment to the opposite party no. 2 by the petitioner and has enclosed the compromise letter dated 22.03.2024 and hence, the impugned judgments and order may be set aside and the petitioner may be acquitted.

5. On the other hand, no objection has been raised by the learned counsel for the State.

6. Mr. Manish Yadav, learned counsel appearing on behalf of the O. P. No. 2 has submitted that the case has been compromised between the parties and also admitted the factum of compromise between the petitioner and the O. P. No. 2. It is further submitted that opposite party no. 2 has no grievance against the petitioner and opposite party no. 2 has received Rs. 4,00,000/- from the petitioner and hence, he does not want to proceed further in this case.

7. Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the opposite party no. 2 and perused the I.A. No. 13613 of 2024.

8. It appears that in light of compromise petition filed by both the sides, vide order dated 21.04.2025, this Court has exempted the petitioner from surrendering before the learned

Court below.

9. Para- 5 to 10 of the I.A. No. 13613 of 2024, filed on behalf of the petitioner and the opposite party no. 2, read as follows:-

"Para-5:- That it is submitted that during the pendency of above captioned Criminal Revision Application both the parties have settled their dispute without any pressure, coercion, without any threat of any kind before the Court of law at the efforts of brotherhood and well wishers and the Revisionist, has paid the Opposite Party No. 02 a sum of Rs. 4,15,000/- to the Opposite Party No. 02 and the same has been received by the Opposite Party No. 02.

Para-6:- That both the parties have no grudge against each other at present and for their betterment as also for betterment of society in general, this Hon'ble Court may be pleased to allow the connected Criminal Revision application of the Petitioner.

Para-7:- That it is humbly submitted that it may not be in the interest of justice to send the Petitioner in jail, on the basis of conviction and sentence that may take place if the present compromise application is not allowed.

Para-8:- That both the parties declare that the instant compromise application is being filed voluntarily, without any duress or threat of any kind and this Hon'ble Court may kindly consider that the allegation in between the parties are private in nature which may be amicably settle.

Para-9:- That both the parties have now agreed that in future also, both the parties will not file any kind of cases against each other in relation to the same cause of action and above mentioned cases which are pending before the Courts of law. Para-10:- That under the facts and circumstances submitted hereinabove and in records of the connected criminal revision application for kind consideration of this Hon'ble Court, it is in

the interest of justice, equity and good conscience, this application may be allowed by this Hon'ble Court."

10. Para- 3, 4 and 5 of the supplementary affidavit dated 15.04.2025 filed on behalf of the petitioner, read as follows:-

"Para-3:- That it is very relevant and pertinent to mention here that during the pendency of the above captioned criminal revision, the parties have entered into a compromise and have settled their matter outside the Court.

Para-4:- That it is submitted that the matter was settled between the parties and Rs. 4,15,000/- to be paid to the Complainant and the Petitioner has paid: (i) Rs. 3,00,000/- cash to the Complainant on 22.03.2024; (ii) Rs. 25,000/- by way of cash on 05.07.2024; (iii) Rs. 40,000/- by way of cash on 27.08.2024;

(iv) Rs. 35,000/- by way of cash on 12.11.2024; and (v) further the Petitioner has paid Rs. 15,000/- by way of cash on 12.11.2024 for legal expenses.

Para- 5:- That it is submitted Complainant/Respondent had that received the Rs. 4,00,000/- by way of full and final settlement and further Rs. 50,000/- was given as legal expenses."

11. It appears that the case has been compromised between the petitioner and the opposite party no. 2 and the opposite party no. 2 has received Rs. 4,00,000/- from the petitioner.

12. Having heard learned counsel for the both the sides and in view of the averments made in para 5 to 10 of I.A. No. 13613 of 2024 and para- 3 to 5 of the supplementary affidavit dated 15.04.2025, the prayer for compounding the offence is allowed and parties are permitted to get compromised the case.

13. Accordingly, the judgment dated 21.12.2021 passed in Criminal Appeal No. 02 of 2020 by Sri Arvind Kumar No. 2, learned

District and Additional Sessions Judge-III, Lohardaga and the judgment of conviction and order of sentence dated 29.11.2019 passed by Smt. Archana Kumari, learned Chief Judicial Magistrate, Lohardaga in connection with Complaint Case No. 315 of 2018 corresponding to T. R. No. 642 of 2019 are set aside in the interest of justice and in light of the joint compromise petition and the petitioner- Krishna Pandit is acquitted for the offence under Section 138 of the N. I. Act and the petitioner- Krishna Pandit is set at free.

14. Accordingly, this Criminal Revision No. 1620 of 2023 is allowed in terms of compromise.

15. Thus, I.A. No. 13613 of 2024 is also allowed and stands disposed of.

(Sanjay Prasad, J.) Kamlesh/