Quashed

Gurdeep Singh v. the State of Jharkhand

Jharkhand HC12 Aug 2021Cr.Rev./319/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand, in a criminal revision, quashed the judgment of conviction and sentence as well as the appeal judgment. The Court allowed the compromise petition filed under Section 147 of the Negotiable Instruments Act, noting the matter was amicably settled with payment of the fine/compensation, and set aside the earlier orders. Alongside, the IA for exemption to surrender was dispo

What did the court decide?

Quashed the judgment dated 05.04.2021 in Criminal Appeal No. 236 of 2019 and the judgment dated 03.09.2019 in C/1 Case No. 1488 of 2017. Disposed of I.A. No. 3869 of 2021 and I.A. No. 3871 of 2021.

Gurdeep Singh Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Revision No. 319 of 2021

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Gurdeep Singh …. ….Petitioner -Versus1. The State of Jharkhand 2. Rajesh Kumar …. ….Opp. Parties

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CORAM:-HON’BLE MR. JUSTICE RAJESH KUMAR

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……. For the Petitioner : - Mr. Rohit Agarwal, Adv. For the State : - Md. Hatim, A.P.P. For the O.P. No. 2 : - Mr. Sourav Kumar, 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 were good.

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I.A. No. 3869 of 2021

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I.A. No. 3871 of 2021

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03/12.08.2021

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Issue notice upon opposite party no. 2.

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Mr. Sourav Kumar, learned counsel, accepts notice on behalf of the opposite party no. 2 and has submitted that he has already filed vakalatnama on his behalf.

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I.A. No. 3869 of 2021 has been filed for exemption to surrender pursuant to the confirmation of conviction by the Appellate Court.

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A joint compromise petition being I.A. No. 3871 of 2021 has been filed for disposal of the aforesaid Criminal Revision Petition by stating that the matter has been amicably settled between the parties outside the Court and money transaction has taken place and opposite party no. 2 has no grievance against the petitioner.

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The present revision petition has been filed against the judgment dated 05.04.2021 passed in Criminal Appeal No. 236 of 2019 by Sri Prabhakar Singh, learned Additional Sessions Judge-XIII, East Singhbhum, Jamshedpur, who has dismissed the appeal and confirmed the judgment of conviction and order of sentence dated 03.09.2019 passed by Smt. Kanchan Kumari, learned Judicial Magistrate, 1^st Class, Jamshedpur in C/1 Case No. 1488 of 2017 by which the petitioner was found guilty under Section 138 of the N. I. Act and was directed to pay Rs. 1,48,000/- as fine, out of which Rs. 1,45,000/- has to be given to the complainant as compensation to undergo S.I. for a period of 28 days and in default thereof to undergo S.I. of 7 days.

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It has been submitted by the learned counsel for the petitioner that a cheque of Rs. 1,45,000/- has been issued in favour of the complainant. It has been further submitted that offence in question is compoundable under Section 147 of the

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Negotiable Instruments Act. Since the matter has been settled between the parties and money transaction has taken place, accordingly, the impugned judgments may be set aside.

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Learned counsel for the State as well as learned counsel for the Informant/ O.P. No. 2 has no objection.

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In view of the submission of the parties and considering the fact that a compromise petition has already been filed by both the parties, hence, in the interest of justice, judgment dated 05.04.2021 passed by Sri Prabhakar Singh, learned Additional Sessions Judge-XIII, East Singhbhum, Jamshedpur in Criminal Appeal No. 236 of 2019 and the judgment of conviction and order of sentence dated 03.09.2019 passed by Smt. Kanchan Kumari, learned Judicial Magistrate, 1^st Class, Jamshedpur in C/1 Case No. 1488 of 2017 are, hereby, quashed.

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Accordingly, the present criminal revision as well as I.A. No. 3869 of 2021 and I.A. No. 3871 of 2021 stand disposed of.

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(Rajesh Kumar, J.)

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Kamlesh/

Gurdeep Singh v. the State of Jharkhand

Case brief

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Gurdeep Singh v. the State of Jharkhand

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