Citation : 2025 Latest Caselaw 7143 Jhar
Judgement Date : 24 November, 2025
[2025:JHHC:34964]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 449 of 2025
1. Sarabjit Singh, aged about 54 years, Son of
Gurudayal Singh, Resident of H.No. 59, Line No. 05,
East Plant Basti, Burmamines, P.O. & P.S.:
Burmamines, Town District East Singhbhum, State
Jharkhand. Jamshedpur.
2. M/s. Hind Road Carrier, Represented by its
Proprietor Sarabjit Singh, N.H.-33, Near Resham
Singh & Sons, M.G.M., Mango, P.O.-Mango, P.S.
MGM, Town-Jamshedpur, District-East Singhbhum,
State-Jharkhand.
..... ... Petitioners
Versus
1. The State of Jharkhand.
2. M/s. Prashant Automobiles, Office at N.H.-33,
Dimna Chowk, Mango, Jamshedpur, Pin Code 831018,
Represented through its Proprietor Mr. Prashant
Khirwal, Son of Arun Kumar Khirwal, Resident of
N.H.-33, Danga, Near Opposite Tata DLT M.G.M.,
P.O.-Mango, P.S. MGM, Town Jamshedpur, District -
East Singhbhum, Jharkhand.
..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Anurag Kashyap, Advocate. For the State : Mr. Manoj Kumar Mishra, A.P.P. For the O.P. No. 2 : Ms. Shyna Hasan, Advocate.
------
04/ 24.11.2025 Learned counsel appearing for the petitioner submits that
the matter is arising out of Section 138 of NI Act and the learned
Judicial Magistrate, 1st Class, East Singhbhum at Jamshedpur, by the
judgment dated 19.08.2024 passed in Complaint Case No. 3626 of 2021
has been pleased to hold guilty and the petitioner has been sentenced to
undergo S.I. for twelve months and also impose a fine of Rs. 5,00,000/-
in form of compensation for having committed the offence under
[2025:JHHC:34964]
Section 138 of the N.I. Act and in default of payment of compensation
amount, the petitioner will undergo simple imprisonment for a period of
30 days. He further submits that the said judgment of learned trial court
has been challenged before the learned Sessions Judge, East
Singhbhum at Jamshedpur, in Criminal Appeal No. 200 of 2024,
whereby the learned appellate court has been pleased to dismiss the said
appeal by order dated 18.12.2024 by way of upholding the order of the
learned trial court.
2. Learned counsel appearing for the petitioners submits that
the matter is arising out of Section 138 of NI Act and the complaint
case has been filed for dishonour of cheque to the tune of Rs. 4,55,821.
He submits that now the good sense has prevailed between the parties
and the case has been compromised between the parties and the entire
amount has already been paid to the complainant-O.P. No. 2. He next
submits that the compromise petition has been brought on record by
way of filing I.A. No. 5091 of 2025. He then submits that since the
matter is arising out of NI Act, which is compoundable in nature in
light of Section 147 of the said Act, in view of that, the petitioner may
kindly be exonerated.
3. Learned counsel appearing for the complainant-O.P. No. 2,
on instruction submits that the compromise has reached between the
parties and the entire amount has already been received by the
complainant-O.P. No. 2 and further the complainant does not want to
proceed with the matter any further. She next submits that in light of
Section 147 of NI Act, the matter may be disposed of.
4. Learned A.P.P. appearing for the State submits that the
[2025:JHHC:34964]
compromise has taken place and the case is arising under Section 138
of NI Act and further the case is compoundable under Section 147 of
the NI Act.
5. In view of the above discussions and further considering the
rival submissions of the respective parties and in view of the
compromise arrived at between the parties, which has been brought on
record by way of filing I.A. No. 5091 of 2025 and the case is
compoundable in nature in light of Section 147 of the NI Act, this court
allows the case to be compounded.
6. Consequently, the judgment dated 19.08.2024 passed by the
learned Judicial Magistrate, 1st Class, East Singhbhum at Jamshedpur,
in Complaint Case No. 3626 of 2021 and the order dated 18.12.2024,
passed by the learned Sessions Judge, East Singhbhum at Jamshedpur,
in Criminal Appeal No. 200 of 2024, are hereby, set aside. The
petitioner is exonerated from all the liabilities
7. This revision petition is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.) Dated:-24.11.2025 Amitesh/-
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