Allowed

Arshad Kamal v. the State of Jharkhand

Jharkhand HC5 Aug 2021Cr.Rev./285/2021

Case brief

AI extract

What is this about?

In a criminal revision against convictions under Section 138 NI Act, the High Court set aside the impugned judgments and sentence order upon settlement. The court directed the lower court to issue a release order upon deposit of Rs.25,000 compensation to the complainant.

What did the court decide?

The impugned judgment and sentence order are set aside. Release order to be issued on deposit of Rs.25,000 with the complainant.

Arshad Kamal Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 285 of 2021

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I.A. No.2485 of 2021

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.... Arshad Kamal .… Petitioner Versus

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The State of Jharkhand

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Baliram Rai .... Opposite Parties

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Radhy Shyam, Adv. For the State : Mr. P.D.Agrawal, APP. For the O.P. No.2 : Mr. D.K.Malityar, Adv.

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

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05/05.08.2021 The instant application has been filed against the order dated 05.03.2018 passed by the learned Judicial Commissioner, Ranchi in Criminal Appeal No.161 of 2017 who has affirmed the judgment of conviction and order of sentence dated 02.08.2017 passed by the learned Judicial Magistrate, 1^st Class, Ranchi, whereby the petitioner has been convicted for the offence under Section 138 of the N.I. Act in Complaint Case No.1565 of 2013 (T.R. No.376 of 2017) and sentenced to undergo R.I. for 06 months and to pay a fine of Rs.50,000/- (Rupees Fifty Thousand) to the complainant as compensation.

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During pendency of the revision, both the parties have agreed for settlement of their dispute. Settlement has been arrived between both the parties and an affidavit to that effect has been filed by the O.P. No.2. Para-2 and 3 of the said affidavit are extracted hereinbelow:-

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2. That it is submitted that I am ready to compromise in this dispute only after payment of Rs.25,000/- in this case.

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3. That it is submitted that the due amount of Rs.25,000/- not paid till today by the petitioner.

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Learned counsel for the petitioner has submitted that the petitioner is ready to pay Rs.25,000/- (Rupees Twenty Five Thousand) to O.P. No.2.

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It has been further submitted by learned counsel for the parties that offence under Section 138 of N.I. Act is compoundable under Section 147 of the N.I. Act, and since the matter has been compromised between the parties and the parties have no grievance, as such, the present revision application may be allowed by setting aside the impugned judgments.

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Considering the above facts and the settlement between the parties and further both the parties do not want to proceed further in the matter, accordingly the order dated 05.03.2018 passed by the learned Judicial Commissioner, Ranchi in Criminal Appeal No.161 of 2017 and order of sentence dated 02.08.2017 passed by the

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learned Judicial Magistrate, 1^st Class, Ranchi, in Complaint Case No.1565 of 2013 (T.R. No.376 of 2017) are, hereby, set aside.

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The court below is directed to issue release order forthwith on deposit of Rs.25,000/- (Rupees Twenty Five Thousand) and the said amount must be released in favour of the complainant/O.P. No.2.

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With above directions, the present criminal revision stands allowed and I.A. No.2485 of 2021 stands disposed of.

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(Rajesh Kumar, J.)

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Shahid/

Arshad Kamal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Arshad Kamal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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