Allowed

Gunadhar Shaw v. The State Of Jharkhand And Anr.

Jharkhand HC3 Nov 2021Cr.Rev./1744/2017

Case brief

AI extract

What is this about?

HD allowed a revision application to quash a conviction and sentence of imprisonment under Section 138 of the Negotiable Instruments Act. The court relied on a joint compromise petition demonstrating settlement, holding the offence compoundable. The petitioner was acquitted and exempted from surrender.

What did the court decide?

The judgment and order of conviction and sentence were quashed and set aside. The petitioner was acquitted of the offence and exempted from surrender.

Gunadhar Shaw Vs The State Of Jharkhand And Anr. — Cheque Dishonour | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.1744 of 2017 With I.A. No.8810 of 2018 With I.A. No.6661 of 2019

Gunadhar Shaw

…… Petitioner

Versus

1. The State of Jharkhand

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2. Nirmal Kumar Tiwary ….. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Samir Kumar Lall, Advocate For the State : Mr. Vishwanath Ray, A.P.P For the O.P. No.02 : Mr. Shubham Mishra, Advocate

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: Mr. Shubham Mishra, Advocate

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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06/Dated: 03rd November, 2021

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1. Heard learned counsel for the petitioner, learned A.P.P and learned counsel for the O.P. No.02.

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2. It has been jointly submitted by the learned counsel for the parties that I.A. No.8810 of 2018 has been filed as joint compromise petition stating therein that the parties have settled their dispute out side the Court and the money has been transacted between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner. I.A. No.6661 of 2019 has been filed for granting exemption to the petitioner from surrender as the matter has been settled out side the court.

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It has further been submitted by the learned counsel for the parties that the offence in question is compoundable as per Section 147 of the Negotiable Instruments Act, and since the matter has been compromised between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner, as such, the present revision application may be allowed by setting aside the judgment dated 08.09.2017, passed in Cr. Appeal No.93 of 2017, by the court of learned District & Additional Sessions Judge, Ghatshila, and the judgment and order of sentence dated 29.06.2017, passed by

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the court of learned Judicial Magistrate, 1^st Class, Ghatshila, in C-1 Case No.157 of 2014 (Trial No.115 of 2017), whereby the petitioner has been found guilty and convicted for the offence under Section 138 of the Negotiable Instruments Act, and sentenced to undergo simple imprisonment of one year and to pay the compensation amount of Rs.5,00,000/- (Rupees five lakhs) to the complainant/ O.P. No.02.

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3. Considering the arguments of the learned counsel for the parties and the fact that the offence is compoundable as per Section 147 of the N.I. Act and further, there is settlement arrived between the parties, accordingly the judgment dated 08.09.2017, passed in Cr. Appeal No.93 of 2017, by the court of learned District & Additional Sessions Judge, Ghatshila, and the judgment and order of sentence dated 29.06.2017, passed by the court of learned Judicial Magistrate, 1^st Class, Ghatshila, in C-1 Case No.157 of 2014 (Trial No.115 of 2017), are, hereby, quashed and set aside. The petitioner is exempted from surrendering in the court below and acquitted of the offence under Section 138 of the N.I Act in terms of the compromise entered into between the parties.

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4. In the result, the present revision application stands allowed and I.A. Nos.8810 of 2018 & 6661 of 2019 stand disposed off.

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(Rajesh Kumar, J.)

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Chandan/-

Gunadhar Shaw v. The State Of Jharkhand And Anr.

Case brief

What is this about?

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Gunadhar Shaw v. The State Of Jharkhand And Anr.

Case brief

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What did the court decide?

What the court decided

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