Vijay Kumar vs The State Of Bihar
2023 Latest Caselaw 4985 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL REVISION No.571 of 2022
     Arising Out of PS. Case No.-3008 Year-2004 Thana- PATNA COMPLAINT CASE District-
                                              Patna
     ======================================================

MITHILESH KUMAR SON OF LATE BHAGWAT RAM RESIDENT OF - QUARTER NO.-43/48 SHASTRI NAGAR, P.S.- SHASTRI NAGAR, DISTRICT- PATNA ... ... Petitioner/s Versus

1. The State of Bihar

2. VIJAY KUMAR S/O SHIV JANAM SINGH R/O VILLAGE-

MAHUABAGH, P.S.- DANAPUR, DISTRICT- PATNA ... ... Respondent/s ====================================================== with CRIMINAL REVISION No. 646 of 2022 Arising Out of PS. Case No.-3008 Year-2004 Thana- PATNA COMPLAINT CASE District-

Patna ====================================================== VIJAY KUMAR S/O LATE SHIV JANAM SINGH Resident of village- Mahuabagh, P.S.- Danapur, District- Patna ... ... Petitioner/s Versus

1. The State of Bihar

2. MITHLESH KUMAR S/O LATE BHAGWAT RAM Resident of Quarter No- 43/48 Shastri Nagar, P.S.- Shastri Nagar, District- Patna ... ... Respondent/s ====================================================== Appearance :

     (In CRIMINAL REVISION No. 571 of 2022)
     For the Petitioner/s :     Mr.Raj Nandan Prasad
     For the Respondent/s :     Mr.Anil Kumar Singh No. 1
     (In CRIMINAL REVISION No. 646 of 2022)
     For the Petitioner/s :     Mr.Satish Kumar
     For the Respondent/s :     Mr.Lalan Kumar

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA CAV JUDGMENT Date : 07-10-2023

1. Cr. Rev. No. 571 of 2022 has been filed by the

convict being aggrieved by the judgment dated 27.04.2022

passed in Cr. Appeal no. 99 of 2018 & CIS No. 99/2018

preferred against the sentence awarded by the learned ACJM-II,

Patna in Complaint Case No. 3008(C) of 2004 whereby the Patna High Court CR. REV. No.571 of 2022 dt.07-10-2023

appeal was partly allowed and partly dismissed. Admittedly the

petitioner / revisionist had issued two cheques of Rs. 50,000/-

each to the complainant, who is Opposite Party No. 2 in Cr.

Revision No. 571 of 2022 and the petitioner in Cr. Revision No.

646 / 2022. Two cheques of Rs. 50,000/- were dishonoured on

11.10.2004 & 26.10.2004 due to insufficient fund and

accordingly the petitioner of Cr. Rev. 646 of 2022 lodged

Complaint Case No. 3008(C)/2004 on 10.12.2004. Learned Sub

Judge II - cum -ACJM II, Patna vide judgment and order dated

23.03.2018 held the petitioner of Cr. Rev. No. 571 of 2022

namely, Mithilesh Kumar to be guilty for the offence under

Section 138 of the N.I. Act and sentenced 03 months of S.I. as

well as fine of Rs. 1,50,000/- with further order that if the fine is

not deposited then the convict would serve 01 month S.I. in lieu

of the same.

2. The Revisionist of Cr. Rev. No. 571 of 2022

preferred Cr. Appeal No. 99 of 2018 against the judgment of

conviction dated 23.03.2018 passed by learned Sub Judge II

cum ACJM- II, Patna. The learned appellate court vide its

judgment dated 27-04-2022 partly allowed the appeal and partly

dismissed the appeal and modified the fine of Rs. 1,50,000/- to

Rs. 75,000/- while upholding the sentence awarded by the trial Patna High Court CR. REV. No.571 of 2022 dt.07-10-2023

court. The judgment passed by District Appellate Court dated

27/04/2022 has been impugned in Cr. Rev. No. 571 of 2022 by

the convict / petitioner and also by the complainant- petitioner

in Cr. Rev. No. 646 of 2022 being aggrieved by the reduction of

fine from Rs. 1,50,000 to Rs. 75,000/-.

3. At the time of argument learned counsel appearing

for petitioners in both the revision application jointly submitted

that by the intervention of the family, friends and relatives of

both the parties, they have entered into a joint compromise

settlement. As per the terms of compromise the petitioner of Cr.

Rev. No. 571 of 2022 has issued a demand draft of Rs.

1,25,000/- [one lakh twenty five thousand] bearing Draft No.

154189 dated 12-09-2023 of Kotak Mahindra Bank in favour of

the Opposite Party No. 2 of Cr. Revision No. 571 of 2022 and

the petitioner of Cr. Rev. No. 646 of 2022. Both the parties have

mutually decided and arrived at an amicable settlement

willingly and voluntarily. The terms of settlement has jointly

been filed by way of joint compromise settlement petition by

them which is kept on record. The Bank draft of Rs. 1,25,000/-

[one lakh twenty five thousand] was produced by the petitioner

of Cr. Rev. No. 571 of 2022 before this Court during argument

and the same has been kept by the Court Master in his safe Patna High Court CR. REV. No.571 of 2022 dt.07-10-2023

custody as per the order dated 18.09.2023 of this Court.

4. Section 147 of the N.I. Act prescribes that

notwithstanding anything contained in the Code of Criminal

Procedure, 1973 every offence punishable under the N.I. Act

shall be compoundable.

5. Section 320 of the Cr.P.C. deals with compounding

of the offences under sub- section (6) & (8). Section 320(6) says

that the High Court or the court of Sessions in the exercise of its

power of revision under Section 401 may allow any person to

compound any offence which such person is competent to

compound under this section. Section 320 (8) says that the

composition of an offence under this Section shall have the

effect of acquittal of an accused with whom the offence has

been compounded.

6. I have heard learned counsel for the parties and

have perused the materials available on record including the

joint compromise settlement petition as well as relevant

provision under the N.I. Act and Cr.P.C. In pursuance of the

joint compromise a bank draft of Rs. 1,25,000/- has also been

submitted by the petitioner of Cr. Revision No. 571 of 2022

prepared in the name of Vijay Kumar, the petitioner of Cr. Rev.

No. 646 of 2022.

Patna High Court CR. REV. No.571 of 2022 dt.07-10-2023

7. Taking into consideration the aforesaid discussion

on facts as well as law, I am satisfied that both the parties have

arrived at an amicable settlement and accordingly this Court

allow their prayer for compounding of offence under Section

138 of the N.I. Act.

8. In the result, the order of conviction of the trial

court & the appellate court are hereby set aside. The petitioner

of Cr. Revision No. 571 of 2022 is acquitted of all the charges

and he is also discharged from the liability of bail bond.

9. The Court Master is directed to hand over the

Demand Draft in question to learned counsel appearing for the

Opposite Party No. 2 of Cr. Rev. No. 571 of 2022 and the

petitioner of Cr. Revision No. 646 of 2022 in the Court itself

with acknowledgment. The learned counsel for the Opposite

Party No. 2 in turn is directed to hand over the Demand Draft in

favour of his client / Vijay Kumar under receipt.

10. The application stands disposed of.

praful/-AFR                                     (Anil Kumar Sinha, J)
AFR/NAFR                AFR
CAV DATE                18-09-2023
Uploading Date          07- 10-2023
Transmission Date       07-10-2023