Allowed

Binod Thakur v. State of Jharkhand

Jharkhand HC18 Nov 2021Cr.Rev./519/2018

Case brief

AI extract

What is this about?

In Criminal Revision proceedings regarding a cheque dishonour case, the Single Judge allowed the petition after a joint submission that the offence under Section 138 of the Negotiable Instruments Act was settled outside court. The court quashed the conviction and sentence, exempting the petitioner from surrender. Section 147 of the Act was relied upon to determine compoundability.

What did the court decide?

The judgment dated 21.03.2018 in Cr. Appeal No.174 of 2017 and the judgment and order of sentence dated 07.12.2017 in C/1 Case No.2893 of 2015 are quashed; the petitioner is exempted from surrender an

Binod Thakur Vs State of Jharkhand — Cheque Dishonour | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.519 of 2018 With

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I.A. No.6327 of 2018 With

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I.A. No.8974 of 2018

Binod Thakur

…. …. Petitioner

Versus

1. The State of Jharkhand

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2. Raju Gorai …. …. Opposite Parties

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Chandrajit Mukherjee, Adv. For the State : Mr. Rajneesh Vardhan, A.P.P. ----

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06/Dated: 18^th November, 2021

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1. Heard learned counsel for the petitioner and learned A.P.P.

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2. It has been jointly submitted by the learned counsel for the parties that I.A. No.6327 of 2018 has been filed as joint compromise petition stating therein that the parties have settled their disputes outside the Court and the complainant/O.P. No.02 has no grievance against the petitioner. I.A. No.8974 of 2018 has been filed for granting exemption to the petitioner from surrender as the matter has been settled outside the court.

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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 judgment dated 21.03.2018, passed in Cr. Appeal No.174 of 2017, by the court of learned Sessions Judge, East Singhbhum at Jamshedpur, and the judgment and order of sentence dated 07.12.2017, passed by the court of learned Judicial Magistrate, 1^st Class, Jamshedpur in C/1 Case No.2893 of 2015 (T.R. No.518 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 30 days and also imposed a fine of Rs.1,65,000/- out of which Rs.1,60,000/- was directed to

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be paid to the complainant as compensation and rest Rs.5000/- was directed to be appropriated to the State.

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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 judgment dated 21.03.2018, passed in Cr. Appeal No.174 of 2017, by the court of learned Sessions Judge, East Singhbhum at Jamshedpur, and the judgment and order of sentence dated 07.12.2017, passed by the court of learned Judicial Magistrate, 1^st Class, Jamshedpur in C/1 Case No.2893 of 2015 (T.R. No.518 of 2017), are, hereby, quashed and set aside.

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5. The petitioner is exempted from surrendering in the court below and acquitted of the charge under Section 138 of the N.I Act in terms of the compromise entered between the parties.

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6. In the result, the present revision application stands allowed.

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7. I.A. Nos.6327 of 2018 & 8974 of 2018 also stand allowed.

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(Rajesh Kumar, J.)

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Amar/-

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Binod Thakur v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Binod Thakur v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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