Jharkhand High Court
Rakesh Kumar vs The State Of Jharkhand on 15 September, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 01 of 2024
Rakesh Kumar, aged about 48 years, son of Birendra
Prasad Singh, resident of Kamal Kutir, H. No. 777,
Road No.2, Hill View Colony, Dimna, P.O. and P.S.
MGM (Mango), Jamshedpur, District East
Singhbhum, Jharkhand.
..... ... Petitioner
Versus
1. The State of Jharkhand.
2. Ranjit Mahto, son of Pannu Mahto, resident of H.
No. 788, J.P. Nagar, P.O. Agrico, P.S. Sitaramdera,
Town Jamshedpur, District Singhbhum East,
Jharkhand.
..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. D.K. karmakar, Advocate.
For the State : Mrs. Nehala Sharmin, A.P.P.
For the O.P. No. 2 : Mr. Dhirendra Kumar Prasad, Advocate.
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06/ 15.09.2025 I.A. No. 12791 of 2025 has been filed for condoning the
delay of 29 days in preferring this petition.
2. Learned counsel appearing for the petitioner submits that
the matter is arising out of Section 138 of NI Act and in preparation for
filing the present petition, the said delay has occurred and in view of
that, the delay may kindly be condoned.
3. Learned A.P.P. for the State and learned counsel appearing
for the O.P. No. 2 have not raised any serious objection, if the delay of
29 days is condoned.
4. In view of the above and considering the submissions of
respective parties and further in view of the averments made in the
aforementioned I.A., the delay of 29 days in filing the present petition
is condoned.
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5. The aforesaid I.A. is allowed and disposed of.
6. Learned counsel appearing for the petitioner submits that
the matter is arising out of Section 138 of NI Act and the learned
Judicial Magistrate, 1st Class, Jamshedpur, by the judgment dated
29.07.2022 in Criminal Complaint Case No. 909 of 2017 has been
pleased to hold guilty and the petitioner has been sentenced to undergo
S.I. for one year and four months and also to impose fine of Rs.
6,05,000/- in form of compensation for having committed the offence
under Section 138 of the N.I. Act and further been pleased to observe
that out of the amount of Rs. 6,00,000/- will be paid by the petitioner to
O.P. No.2 /complainant compensation and Rs. 5,000/- be appropriated
to the State, be deposited in Nazarat, Civil Court, Jamshedpur, and
further been pleased to direct that in default of payment of
compensation amount, the petitioner will undergo simple imprisonment
for a period of four months. He further submits that the said judgment
of learned trial court has been challenged before the learned Sessions
Judge in Criminal Appeal No. 121 of 2022, whereby the learned
revisional court has been pleased to dismiss the said appeal by order
dated 31.08.2023 by way of upholding the order of the learned trial
court.
7. Learned counsel appearing for the petitioner submits that
now the case has been compromised between the parties and the
amount of Rs. 5,25,000/- has already been paid to the complainant-O.P.
No. 2 and a compromise petition has been brought on record by way of
filing I.A. No. 12794 of 2025. He further submits that for exemption
from surrender one interlocutory application, being I.A. No. 12792 of
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2025 has also been filed.
8. Learned counsel appearing for the petitioner submits that
now the compromise has arrived at between the parties, as such,
exemption from surrender may kindly be allowed, as the case is
compoundable in nature under Section 147 of the NI Act.
9. Learned counsel appearing for the complainant-O.P. No. 2
and learned A.P.P. appearing for the State jointly submit that the
compromise has taken place and the case is arising under Section 138
of NI Act and further the case is compoundable under Section 147 of
the NI Act.
10. In view of the above submissions of learned counsel
appearing for the parties and looking into the contents of the
compromise petition, it transpires that the agreed amount has been
received by the complainant, as such, the prayer made in I.A. No.
12792 of 2025 for exemption from surrender before the learned court is
allowed and the said I.A. is disposed of.
11. As such, the petitioner is exempted from surrender before
the learned court, as the compromise has taken place between the
parties and further the case is compoundable under Section 147 of the
NI Act.
12. In view of the above discussions and further considering the
rival submissions of the respective parties and in view of the
compromise arrived at between the parties, which has been brought on
record by way of filing I.A. No. 12794 of 2025 and the case is
compoundable in nature in light of Section 147 of the NI Act, this court
allows the case to be compounded.
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13. Consequently, the judgment dated 29.07.2022 passed by the
learned Judicial Magistrate, 1st Class, Jamshedpur, in Criminal
Complaint Case No. 909 of 2017 and the order dated 31.08.2023,
passed by the learned Sessions Judge in Criminal Appeal No. 121 of
2022, are hereby, set aside.
14. This revision petition is allowed and disposed of. Pending
I.A., if any, stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Dated:-15.09.2025
Amitesh/-
