Under Section 138 of the Negotiable Instruments Act, the High Court, on settlement and compromise between parties, allowed revision and acquitted the petitioner after requiring a nominal deposit to the Advocate's Clerk Association.
Quashed convictions and sentences; petitioner acquitted; Rs.500 deposited with Advocate's Clerk Association.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.278 of 2021 With I.A. No.3017 of 2021 With I.A. No.3081 of 2021
Mamita Dwivedy …… Petitioner
Versus
1. The State of Jharkhand
2. Charanjeet Singh ….. Opp. Parties
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. J. N. Upadhyay, Advocate For the State : Ms. Priya Shrestha, A.P.P For the O.P. No.02 : Mr. Suraj Singh, 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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05/Dated: 05th August, 2021
1. Issue notice to O.P. No.02.
2. Mr. Suraj Singh, learned counsel, accepts notice on behalf of O.P. No.02 and submits that he has already filed the vakalatnama on behalf of O.P. No.02 and also filed the joint compromise petition being I.A. No.3081 of 2021.
3. It has been jointly submitted by the learned counsel for the parties that I.A. No.3081 of 2021 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.3017 of 2021 has been filed for granting exemption to the petitioner from surrender as the matter has been settled out side the court.
It has further been submitted by the learned counsel for the parties that offence in question is compoundable as per Section 147 of the N.I. 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 the judgment dated 18.02.2021, passed in Cr. Appeal No.40 of 2019, by the court of learned Sessions Judge, East
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Singhbhum at Jamshedpur, and judgment and order of sentence dated 19.01.2019, passed by the court of learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No.1002 of 2016 (T.R. No.05 of 2019), whereby the petitioner has been found guilty and convicted under Section 138 of the Negotiable Instruments Act, and sentenced to undergo simple imprisonment of three months and to pay the fine of Rs.1,35,000/- out of which Rs.1,30,000/- was ordered to be paid as compensation to the complainant and Rs.5,000/- was directed to be deposited with the State, in default thereof, to suffer S.I of six months.
4. Considering the arguments of the learned counsels for the parties and the fact that the offence is compoundable and there is settlement between the parties outside the court and further both the parties do not want to proceed further in the matter, accordingly the judgment dated dated 18.02.2021, passed in Cr. Appeal No.40 of 2019, by the court of learned Sessions Judge, East Singhbhum at Jamshedpur, and judgment and order of sentence dated 19.01.2019, passed by the court of learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No.1002 of 2016 (T.R. No.05 of 2019), are, hereby, quashed and set aside, subject to the condition of payment of Rs.500/- (Rupees five hundred) to be deposited in the Advocate's Clerk Association, High Court of Jharkhand. 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.
5. In the result, the present revision stands allowed and I.A. Nos.3017 & 3081 of 2021 stand disposed off.
(Rajesh Kumar, J.)
Chandan/-
2 issues framed by the court
Whether a criminal revision under Section 138 of the Negotiable Instruments Act can be allowed upon settlement and compromise between parties?
Whether the accused can be acquitted and previous convictions quashed upon payment of nominal amount to Advocate's Clerk Association?
2 provisions across 1 enactments
Mamita Dwivedy
The State of Jharkhand
Charanjeet Singh
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
