Jharkhand High Court
Suresh Singh vs The State Of Jharkhand on 2 September, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:26625 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 821 of 2025
Suresh Singh, aged about 58 years, son of Sri Sudarshan Singh,
resident of Village- Raja Bangla, Lohardaga, P.O. & P.S. Lohardaga,
District- Lohardaga (Jharkhand) ... Petitioner
-Versus-
1. The State of Jharkhand
2. Bhola Bhagat, son of Late Bhagirath Bhagat, resident of Main Road,
Shastri Chowk, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga
(Jharkhand) ... Opposite Parties
-----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-----
For the Petitioner : Mr. Krishna Shankar, Advocate
For the State : Mr. Abhay Kumar Tiwari, A.P.P.
For O.P. No.2 : Mr. Lal Vikram Nath Shahdeo, Advocate
-----
04/02.09.2025 I.A. No.10768 of 2025
1. I.A. No.10768 of 2025 has been filed for condonation of delay of 2564
days in filing the present criminal revision petition.
2. Mr. Krishna Shankar, learned counsel appearing for the petitioner
submits that the petitioner was not knowing about the remedy and after his
arrest, he found out his remedy and, thereafter, the present criminal revision
petition has been filed and in view of that, the delay may kindly be condoned.
3. Mr. Abhay Kumar Tiwari, learned counsel for the State and Mr. Lal
Vikram Nath Shahdeo, learned counsel for opposite party no.2 have got no
serious objection.
4. For the reasons assigned in the said I.A., the delay of 2564 days in
filing the present criminal revision petition is, hereby, condoned.
5. Accordingly, I.A. No.10768 of 2025 is allowed and disposed of.
Criminal Revision No. 821 of 2025
6. Heard Mr. Krishna Shankar, learned counsel appearing for the petitioner,
Mr. Abhay Kumar Tiwari, learned counsel appearing for the State and Mr. Lal
-1- Criminal Revision No. 821 of 2025
( 2025:JHHC:26625 )
Vikram Nath Shahdeo, learned counsel appearing for opposite party no.2.
7. This criminal revision petition has been preferred against the judgment
of conviction and order of sentence dated 30.07.2015 passed by the learned
S.D.J.M., Lohardaga in connection with Complaint Case No.127/2015
appertaining to its Trial No.437/2015, whereby, the petitioner has been
convicted for the offence under Section 138 of the Negotiable Instrument Act
and he has been sentenced to undergo S.I. of two years along with
compensation of Rs.4,00,000/- and the learned trial court has observed that
the said compensation amount if realized, the same should be given to the
complainant without prejudiced his civil rights. The further prayer is made for
setting-aside the judgment dated 18.05.2016 passed in Criminal Appeal
No.90/2015 by the learned Sessions Judge, Lohardaga, whereby, the appeal
preferred by the petitioner has been dismissed and the judgment of conviction
passed by the learned trial court is upheld and order of sentence is modified
to the effect that the petitioner will pay compensation amount within 30 days
of that order otherwise he will be required to pay interest @ 10% from the
date of judgment till realization of the compensation.
8. Mr. Krishna Shankar, learned counsel appearing for the petitioner
submits that three cheques of Rs.1,00,000/- each has been issued by the
petitioner herein, which was dishonoured and for that, the said complaint
case was filed and pursuant to that, the learned trial court has passed the
judgment dated 30.07.2015 by which the petitioner has been convicted and
sentenced to undergo S.I. of two years along with compensation of
Rs.4,00,000/-, and the said judgment was challenged by the petitioner in the
aforesaid criminal appeal, which was dismissed vide judgment dated
-2- Criminal Revision No. 821 of 2025
( 2025:JHHC:26625 )
18.05.2016. He submits that now a good sense has prevailed between the
parties and the matter has been compromised in light of Section 147 of the
Negotiable Instrument Act and for that, I.A. No.12010 of 2025 has been filed.
He submits that entire awarded amount has been paid by the petitioner to
opposite party no.2-complainant. He submits that in view of that, this case
may kindly be allowed to be compounded.
9. Mr. Abhay Kumar Tiwari, learned counsel appearing for the State
submits that the matter is arising out of Section 138 of the Negotiable
Instrument Act.
10. Mr. Lal Vikram Nath Shahdeo, learned counsel appearing for opposite
party no.2-complainant accepts the submission of the learned counsel for the
petitioner and submits that the said compensation of Rs.4,00,000/- has
already been received by opposite party no.2. He submits that the
compromise has reached between the parties and in view of that, this matter
can be disposed of.
11. In view of the above, it transpires that the compensation amount of
Rs.4,00,000/- has already been paid to the opposite party no.2-complainant
by the petitioner and the matter is arising under Section 138 of the Negotiable
Instrument Act, which is compoundable in light of Section 147 of the said Act
and in view of that, the Court allows to compound the case.
12. In that view of the matter, the judgment of conviction and order of
sentence dated 30.07.2015 passed by the learned S.D.J.M., Lohardaga in
connection with Complaint Case No.127/2015 appertaining to its Trial
No.437/2015 and the judgment dated 18.05.2016 passed in Criminal Appeal
No.90/2015 by the learned Sessions Judge, Lohardaga are, hereby, set-aside.
-3- Criminal Revision No. 821 of 2025
( 2025:JHHC:26625 )
13. The petitioner shall be immediately set at liberty.
14. Accordingly, this criminal revision petition is allowed and disposed of.
15. Pending I.A., if any, is disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
-4- Criminal Revision No. 821 of 2025
