Jharkhand High Court
Pratima Devi Aged About 45 Years Wife Of ... vs The State Of Jharkhand on 16 September, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr. Revision No. 623 of 2024
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Pratima Devi aged about 45 years wife of Lav Kumar Pandey, resident of
Village Naya Khap Mukundganj, PO and PS Muffasil, District Hazaribagh
...... .... .... Petitioner(s)
-- Versus --
1.The State of Jharkhand
2.Prabha Devi, wife of Late Anil Kumar Pandey, resident of Village Naya
Khap Mukundganj, PO and PS Muffasil, District Hazaribagh...Opp.Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner(s) :- Mr. Ashok Kumar Singh, Advocate
For the State :- Mrs Amrita Sinha, Advocate
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6/16.09.2025 Heard the learned counsel for the petitioner and the learned counsel
appearing on behalf of the respondent State.
2. Learned counsel appearing on behalf of the petitioner submits that this
matter is arising out of Section 138 of Negotiable Instruments Act and the
learned Judicial Magistrate, First Class, Hazaribagh in Complaint Case No.854 of
2020 hold the petitioner guilty and directed to undergo S.I for a period of one
year for the offence under section 138 of Negotiable Instruments Act and
further ordered to pay compensation of Rs.5,45,000/- to the complainant. He
submits that after the said order, the petitioner has moved before the learned
Sessions Judge in Criminal Appeal No.35 of 2023 which has been further
dismissed by the judgment dated 17.02.2024 affirming the order of the learned
trial court. He further submits that in light of the statutory provisions, 20% of
the compensation amount has already been deposited by the petitioner before
the learned court. He further submits that he is ready to compromise the matter
and he has further come forward with the Demand Draft in the name of the
complainant namely, Prabha Devi to the tune of Rs.1,64,000/-. He submits that
the petitioner is ready to deposit the said Demand Draft before the learned
court and in view of that, the bail may kindly be allowed to the petitioner and
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the petitioner is in custody since 08.7.2025.
3. Learned counsel for the respondent State submits that the matter is
arising out of Section 138 of the Negotiable Instruments Act and it is
compoundable in light of Section 147 of the Negotiable Instruments Act. She
submits that if 20% has already been deposited and the petitioner is ready to
pay further amount of Rs.1,64,000/-, the Court can consider the bail
application.
4. Admittedly, the case is arising out of Section 138 of the Negotiable
Instruments Act and the petitioner has been directed to pay compensation
amount of Rs.5,45,000/- and it has been pointed out that 20% has been
deposited before the learned court at the time of filing of the appeal, and now
the petitioner has come forward with the Demand Draft of Rs.1,64,000/- in
favour of the complainant, namely, Prabha Devi.
5. In view of above, the petitioner is directed to produce the said Demand
Draft before the learned court and the learned court may release the same in
favour of the complainant.
6. Considering the nature of the dispute and in light of voluntarily paying
the aforesaid amount, the petitioner, above named, is, hereby, directed to be
released on bail, on furnishing bail bond of Rs.25,000/-, with two sureties of the
like amount each, to the satisfaction of learned Judicial Magistrate, First Class,
Hazaribagh in connection with Complaint Case No.854 of 2020.
7. I.A. No.9456 of 2025 filed for grant of bail to the petitioner is allowed
and disposed of.
8. Issue notice upon the O.P.No.2 by registered post with A/d as well as
under ordinary process for which requisites etc must be filed within a week.
( Sanjay Kumar Dwivedi, J.)
Dated: 16th Sept., 2025
SI/
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