Jharkhand High Court
Gopal Upadhyay @ Gopal Upadhayay vs The State Of Jharkhand on 15 October, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
[2025:JHHC:31833]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1313 of 2023
Gopal Upadhyay @ Gopal Upadhayay, Aged
about 40 years, S/o Kamta Upadhyay, R/o Lower
Hatia near Sunday Market, PO & PS-
Jagarnathpur, District-Ranchi, Jharkhand.
..... ... Petitioner
Versus
1. The State of Jharkhand.
2. Anup Mahto, S/o Viraj Mahto, R/o
Chandaghasi, Tetri, PO-Tetri & P.S.- Jagarnathpur,
District Ranchi, Jharkhand.
..... ... Opposite Parties
--------
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------
For the Petitioner : Mr. Shashank Shekhar, Advocate.
For the State : Mr. Arup Kumar Dey, A.P.P.
For the O.P. No. 2 : Mr. Pandey Priyanshu Nath Roy, Advocate.
------
06/ 15.10.2025 Heard learned counsel appearing for the petitioner, learned
A.P.P. for the State and learned counsel appearing for the O.P. No. 2.
2. Learned counsel appearing for the petitioner submits that this
revision petition has been preferred for setting aside the judgment dated
16.08.2023, passed in Criminal Appeal No. 15 of 2023 by the learned
AJC-VII, Ranchi, whereby the learned appellate court has dismissed the
appeal of the petitioner and affirmed the judgment of conviction and order
of sentence dated 22.12.2022 passed by the learned Judicial Magistrate, 1st
Class, Ranchi, in connection with Complaint Case No. 3574 of 2017,
whereby, the petitioner has been sentenced to undergo S.I. for a period of
one year and directed to pay a fine of Rs. 5,40,000/- for the offence under
Section 138 of the NI Act with the default clause that in default of
payment of fine amount, the petitioner shall further undergo S.I. for one
month in addition to substantive sentence.
3. Learned counsel appearing for the petitioner submits that the
case is arising out of Section 138 of NI Act and for dishonour of the
cheque, the complaint case has been filed and in view of that the
[2025:JHHC:31833]
aforementioned orders have been passed. He submits that now the good
sense has prevailed between the parties and the matter has been
compromised between the petitioner and the complainant / O.P. No. 2 and
it has been agreed to settle the matter on payment of Rs. 4,70,000/-. He
next submits that after compromise, the joint compromise has been filed in
the form of I.A. No. 13585 of 2025, wherein it has been disclosed that the
agreed amount has already been paid to the complainant / O.P. No. 2. He
then submits that photo copy of the demand draft of Rs. 4 lakhs and Rs.
20,000/- in cash and the remaining amount by way of UPI are annexed
with the said I.A. He further submits that in view of the compromise, the
matter can be compounded and he refers to Section 147 of the NI Act and
submits that the petitioner may kindly be exonerated.
4. Learned counsel appearing for the petitioner submits that
another I.A. No. 13674 of 2025 has been filed for exemption from
surrender. He submits that in view of the compromise, arrived at between
the parties, also this I.A. may kindly be allowed.
5. Learned A.P.P. appearing for the State submits that the matter
is arising out of Section 138 of NI Act. He further submits that from the
I.A., which is meant for joint compromise, it transpires that the
compromise has taken place between the petitioner and the complainant-
O.P. No. 2.
6. Learned counsel appearing for the O.P. No. 2 accepts the
submission of learned counsel appearing for the petitioner. He submits that
the O.P. No. 2 has already received the agreed amount of Rs. 4,70,000/-.
He further submits that matter can be disposed of, as it is compoundable in
nature in view of Section 147 of the NI Act.
7. From the records, it transpires that the matter is arising out of
Section 138 of the NI Act and in light of I.A. No. 13585 of 2025, filed on
behalf of the petitioner, it further transpires that the agreed amount of Rs.
4,70,000/- has been received by the complainant / O.P. No. 2. Further the
[2025:JHHC:31833]
case is compoundable in nature in light of Section 147 of the NI Act. In
that view of the matter, the prayers made in I.A. No. 13585 of 2025 and
I.A. No. 13674 of 2025 are allowed and the same are disposed of.
8. In view of the above, this court is, hereby, allowed the
compounding of the case between the parties, since the matter has already
been compromised between the parties. As such, the judgment dated
16.08.2023, passed in Criminal Appeal No. 15 of 2023 by the learned
AJC-VII, Ranchi and the judgment of conviction and order of sentence
dated 22.12.2022 passed by the learned Judicial Magistrate, 1st Class,
Ranchi, in connection with Complaint Case No. 3574 of 2017, are hereby,
set aside. The petitioner is exonerated from all the liabilities.
9. This revision petition is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Dated:-15.10.2025
Amitesh/-
