Jharkhand High Court
Sunil Kumar vs The State Of Jharkhand on 15 October, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:31831 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 348 of 2024
Sunil Kumar, son of D.N. Sah, aged about 47 years, resident of Daiguttu,
Mango, Town Jamshedpur, P.O. & P.S. Mango, District- East Singhbhum
... Petitioner
-Versus-
1. The State of Jharkhand
2. Rakesh Kumar, son of Nawal Kishore Bhagat, resident of Kitadih West,
Near Sri Complex, P.O. Harharguttu, P.S. Bagbera, Town Jamshedpur,
District- East Singhbhum ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate
For the State : Mr. Shiv Shankar Kumar, A.P.P.
For O.P. No.2 : Mr. Rajesh Kumar, Advocate
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09/15.10.2025 Heard Mr. Jitendra Nath Upadhyay, learned counsel for the petitioner,
Mr. Shiv Shankar Kumar, learned counsel for the State and Mr. Rajesh Kumar,
learned counsel for opposite party no.2.
2. This criminal revision petition has been preferred for setting-aside the
judgment of conviction and order of sentence dated 14.02.2023 passed by
the learned Judicial Magistrate, 1st Class, Jamshedpur in connection with C/1
Case No.1301 of 2018, whereby, the learned Court has been pleased to
convict the petitioner under Section 138 of the Negotiable Instrument Act and
he has been sentenced to undergo S.I. for one year and to pay an amount of
Rs.1,50,000/- as compensation to the complainant/opposite party no.2 and
in default of payment of compensation of Rs.1,50,000/-, direction was given
that the same shall be attached from the property of the petitioner and shall
be paid to the complainant. The judgment dated 24.08.2023 passed in
Criminal Appeal No.51 of 2023 by the learned Additional Sessions Judge-II,
East Singhbhum, Jamshedpur is also under challenge, by which, the appeal
preferred by the petitioner has been dismissed.
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3. Learned counsel for the petitioner submits that the matter is arising
under Section 138 of the Negotiable Instrument Act and the compensation of
Rs.1,50,000/- has been directed to be paid to the complainant. He further
submits that now a good sense has prevailed between the parties and
compromise has reached between them and for that, joint compromise
petition has been filed in the form of I.A. No.13166 of 2025. He then submits
that out of total compensation of Rs.1,50,000/-, Rs.1,10,000/- has already
been paid to the complainant/opposite party no.2 and rest of the amount of
Rs.40,000/- has been deposited by way of demand draft before the Registrar
General of this Court in terms of the order passed by a Coordinate Bench of
this Court vide order dated 30.04.2025. He submits that the said demand
draft is dated 28.03.2025. He submits that the said demand draft will be
revalidated by him within one week after Deepawali vacation and he will
hand over the same to the learned counsel for the complainant/opposite party
no.2. He next submits that the settlement agreement is annexed with the
said I.A. On these grounds, he submits that the matter may kindly be
disposed of in light of Section 147 of the Negotiable Instrument Act as it is
compoundable.
4. Learned counsel for the State submits that the matter is arising under
Section 138 of the Negotiable Instrument Act and from the joint compromise
petition, it transpires that the matter has been compromised between the
petitioner and opposite party no.2.
5. Learned counsel for the complainant/opposite party no.2 accepts
the submission of the learned counsel for the petitioner and submits that the
dispute has been settled between the parties and the complainant has
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already received Rs.1,10,000/- in terms of the settlement agreement
annexed with the said I.A. He further submits that the remaining amount
of Rs.40,000/- may kindly be allowed to be withdrawn in favour of
the complainant.
6. In view of the above, it transpires that the compromise has taken place
between the parties in terms of the settlement agreement annexed with the
said I.A. The matter is arising under Section 138 of the Negotiable Instrument
Act, which is compoundable under Section 147 of the Negotiable Instrument
Act. The complainant has already received the amount of Rs.1,10,000/- from
the petitioner and he is agreed to accept the demand draft of Rs.40,000/-,
which will be revalidated by the learned counsel for the petitioner and in that
view of the matter, the prayer made in the I.A. is allowed. The case is hereby
allowed to be compounded between the parties and in view of compounding
of the case, the judgment of conviction and order of sentence dated
14.02.2023 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur
in connection with C/1 Case No.1301 of 2018 and the judgment dated
24.08.2023 passed in Criminal Appeal No.51 of 2023 by the learned Additional
Sessions Judge-II, East Singhbhum, Jamshedpur are, hereby, set-aside.
7. The petitioner is directed to approach the learned Registrar General,
who will return back the said demand draft of Rs.40,000/- to the petitioner.
The petitioner will revalidate the said demand draft and hand over the same
to the learned counsel for the complainant/opposite party no.2 within two
weeks after Deepawali vacation. Learned counsel for the complainant/
opposite party no.2 will hand over the said revalidated demand draft of
Rs.40,000/- to the complainant/opposite party no.2 thereafter.
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8. In view of the above, this criminal revision petition is allowed in above
terms and disposed of.
9. Pending I.A., if any, is disposed of.
(Sanjay Kumar Dwivedi, J.)
Dated: 15th October, 2025
Ajay/
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