Criminal revision allowed to quash conviction and sentence for cheque bounce upon settlement and compoundability. Petitioner exempted from surrender and acquitted.
Conviction and sentence quashed; petitioner exempted from surrender and acquitted; delay applications allowed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.387 of 2019 With
I.A. No.2317 of 2020 With
I.A. No.1253 of 2021
Indrajeet Kumar …. …. Petitioner
Versus
1. The State of Jharkhand
2. Sri Prajapati …. …. Opposite Parties
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
---For the Petitioner : Mr. A. K. Pandey, Adv. For the State : Mrs. Priya Shrestha, Spl.P.P. For the O.P. No.2 : Mr. Chetan Krishna Nagesh, Adv. ----
07/Dated: 18th November, 2021
1. Heard learned counsel for the petitioner and learned counsel for the opposite parties.
2. It has been jointly submitted by the learned counsel for the parties that I.A. No.2317 of 2020 has been filed for condoning the delay of 347 days occurred in preferring the instant revision application and I.A. No.1253 of 2021 has been filed for granting exemption to the petitioner from surrender as the matter has been settled outside the Court by filing joint compromise petition on 10.01.2018 before the learned lower court and after compliance of the terms and conditions of compromise, finally the dispute has been compromised on 18.06.2018 on a non-judicial stamp paper by both the parties and there is no grievance left between the parties.
3. 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 order dated 10.01.2018, passed in Cr. Appeal No.08 of 2015, by the court of learned Additional Sessions Judge-XII at Hazaribagh, and the judgment and order of sentence dated 15.12.2014, passed by the court of learned Judicial Magistrate, 1st Class, Hazaribag in Complaint Case No.1293 of 2012 (T.R.
No.3647 of 2014) whereby the petitioner has been found guilty and convicted for the offence under Section 138 of the Negotiable Instruments Act, and sentenced to undergo rigorous imprisonment of one year and also directed to pay compensation amount of Rs.6,97,000/- to the complainant. 4. Considering the arguments of the learned counsels 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 order dated 10.01.2018, passed in Cr. Appeal No.08 of 2015, by the court of learned Additional Sessions Judge-XII at Hazaribagh, and the judgment and order of sentence dated 15.12.2014, passed by the court of learned Judicial Magistrate, 1st Class, Hazaribag in Complaint Case No.1293 of 2012 (T.R. No.3647 of 2014) are, hereby, quashed and set aside.
5. The petitioner is exempted from surrendering in the court below and acquitted from the charges under Section 138 of the N.I Act in terms of the compromise entered between the parties.
6. In the result, the present revision application stands allowed.
7. I.A. Nos.2317 of 2020 & 1253 of 2021 also stand allowed.
(Rajesh Kumar, J.)
Amar/-
2
3 issues framed by the court
Whether to allow a criminal revision application to set aside the conviction and sentence on the grounds of compromise and condone delay.
Whether the petitioner should be exempted from surrender and acquitted in view of the settlement.
Whether the condonation of delay in certain interim orders was warranted given the compromise between parties.
2 provisions across 2 enactments
Indrajeet Kumar
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
