Jharkhand High Court
Ranjit Swarnkar @ Ranjit Kumar Swarnkar vs The State Of Jharkhand on 9 September, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:27316 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 451 of 2024
Ranjit Swarnkar @ Ranjit Kumar Swarnkar, aged about 41 years, son
of Rajendra Prasad Swarnkar, resident of Sonar Basti, Bastacola, P.O.
Bastacola, P.S. Jharia, District- Dhanbad, Jharkhand
... Petitioner
-Versus-
1. The State of Jharkhand
2. Sheo Bhushan Das, son of Ram Narayan Das, resident of near Goal
Building, P.O. K.G. Ashram, P.S. Govindpur, District- Dhanbad,
Jharkhand ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Shambhu Nath Tiwari, Advocate
For the State : Mr. Satish Prasad, A.P.P.
For O.P. No.2 : Mr. Dhananjay Kumar Dubey, Advocate
Mr. Raju Koiri, Advocate
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10/09.09.2025 Heard Mr. Shambhu Nath Tiwari, learned counsel appearing for the
petitioner, Mr. Satish Prasad, learned counsel appearing for the State and
Mr. Dhananjay Kumar Dubey along with Mr. Raju Koiri, learned counsel
appearing 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 10.08.2022 passed by
the learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No.2451 of
2013, whereby, the petitioner has been convicted under Section 138 of the
Negotiable Instrument Act and he has been sentenced to undergo S.I. for 2
months and fine of Rs.1,000/- along with compensation of Rs.70,000/- and
in default of payment of fine, the petitioner was further directed to undergo
S.I. for 1 month and there was direction that the sentence will run
concurrently. The further prayer is made for setting-aside the judgment dated
16.03.2024 passed by the learned Sessions Judge, Dhanbad in Criminal
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( 2025:JHHC:27316 )
Appeal No.30 of 2024, whereby, the appeal filed by the petitioner has been
dismissed and the order of the learned trial court has been affirmed.
3. Learned counsel appearing for the petitioner submits that the matter
is arising out of dishonour of the cheque. He submits that the petitioner has
issued cheque of Rs.50,000/-, which was dishonoured and for that, the
present complaint case has been filed. He submits that the learned trial court
has convicted and sentenced the petitioner in the aforesaid manner, which
was challenged by way of filing the said criminal appeal, which has been
dismissed by the learned Sessions Judge, Dhanbad. He also submits that now
a good sense has prevailed between the parties and they have compromised
the case. He submits that the petitioner has come forward with demand draft
of Rs.70,000/- and Rs.1,000/- in light of the direction issued by the learned
Courts. He further submits that the matter is arising under Section 138 of the
Negotiable Instrument Act, which is compoundable under Section 147 of the
said Act and in view of that, it may kindly be allowed to be compounded and
the impugned orders may kindly be set-aside.
4. Learned counsel appearing for the State submits that the matter is
arising under Section 138 of the Negotiable Instrument Act and that is
compoundable under Section 147 of the said Act.
5. Learned counsel appearing for opposite party no.2 fairly submits that
after acceptance of the said compensation amount as well as the fine amount
of Rs.1,000/-, the grievance of the petitioner is over. He submits that the
matter is arising under Section 138 of the Negotiable Instrument Act and in
light of Section 147 of the said Act, the matter can be allowed to be
compounded.
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6. In course of the proceeding, Mr. Shambhu Nath Tiwari, learned counsel
for the petitioner has handed over two demand drafts in the hand of
Mr. Dhananjay Kumar Dubey, learned counsel appearing for opposite party
no.2, who will hand over the same to opposite party no.2. Photo copy of the
said demand drafts has been taken on record.
7. In view of the above facts and further considering that the offence
under Section 138 of the Negotiable Instrument Act is compoundable under
Section 147 of the said Act and in view of that, the Court allows the matter
to be compounded between the parties. In that view of the matter, the
judgment of conviction and order of sentence dated 10.08.2022 passed by
the learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No.2451 of
2013 and the judgment dated 16.03.2024 passed by the learned Sessions
Judge, Dhanbad in Criminal Appeal No.30 of 2024 are, hereby, set-aside.
8. The petitioner has already been protected not to surrender by way of
earlier order passed by this Court.
9. Accordingly, this criminal revision petition is allowed and disposed of.
10. Pending I.A., if any, is disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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