Mithilesh Kumar Pappu vs The State Of Jharkhand
2025 Latest Caselaw 5539 Jhar

Jharkhand High Court

Mithilesh Kumar Pappu vs The State Of Jharkhand on 8 September, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Revision No. 1337 of 2018
                 Mithilesh Kumar Pappu, S/o Murli Prasad Mehta @ Murali Prasad Mehta,
                 aged about 42 years, R/o Village Allaujakhurd, P.O. & P.S. Ichak, District-
                 Hazaribag                                       ... Petitioner
                                          -Versus-
            1.   The State of Jharkhand
            2.   Mahendra Prasad Mehta, S/o Late Raghunandan Mahto, 42 years, R/o
                 Village- Bariyath, P.O. & P.S. Ichak, District- Hazaribag
                                                                 ... Opposite Parties
                                            -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----

            For the Petitioner       : Mr. Sarju Prasad, Advocate
            For the State            : Mr. Anup Pawan Topno, A.P.P.
            For O.P. No.2            : Mr. Sourav Kumar, Advocate
                                            -----
10/08.09.2025     I.A. No.2162 of 2020

1. Learned counsel for the petitioner submits that I.A. No.2162 of 2020

has been filed for exemption from surrender before the learned Court. He

further submits that in Complaint Case No.1392/2014, T.R. No.259/2018, the

learned Judicial Magistrate, 1st Class, Hazaribag vide judgment and order

dated 23.01.2018 has been pleased to hold the petitioner guilty for the

offence committed under Section 138 of the Negotiable Instrument Act and

convicted and sentenced him to undergo R.I. for three months and to pay

compensation of Rs.2,00,000/- to the complainant. He submits that the said

judgment and order has been challenged before the appellate court in

Criminal Appeal No.36/2018, which has been dismissed by the learned

Sessions Judge, Hazaribagh vide judgment dated 24.07.2018 and the order

of the trial court has been affirmed. He submits that the petitioner is ready

to pay the entire amount of compensation to the complainant-opposite party

no.2. He submits that the petitioner has remained in custody for about 4

months. He also submits that in terms of the earlier order of the Coordinate

-1- Cr. Revision No. 1337 of 2018 Bench dated 08.05.2024, now the petitioner has deposited sum of

Rs.50,000/- before the Nazir, Civil Court, Hazaribag. He submits that rest of

the amount i.e. Rs.1,50,000/- shall be paid to the opposite party no.2 within

five weeks. He further submits that the petitioner is also ready to compromise

the matter.

2. Learned counsel for opposite party no.2 submits that the matter is

pending since long and in view of that, the petitioner may not be exempted

from surrender.

3. Considering that the petitioner has deposited the amount of

Rs.50,000/- before the Nazir, Civil Court, Hazaribag in terms of the earlier

order of this Court and further it has been pointed that the petitioner is ready

to compromise the matter and he is also ready to pay rest of the

compensation amount to the complainant and in that view of the matter, the

prayer made in the I.A. is allowed.

4. In view of the above facts, the petitioner, named above, is exempted

from surrender in connection with Complaint Case No.1392/2014, T.R.

No.259/2018.

5. Accordingly, I.A. No.2162 of 2020 is disposed of.

6. With consent of the parties, let this matter appear under the heading

for 'Orders' on 15.10.2025.

                                                    (Sanjay Kumar Dwivedi, J.)
Ajay/




                                         -2-                      Cr. Revision No. 1337 of 2018