Allowed

Kumar Shailendra Amb v. the State of Jharkhand

Jharkhand HC18 Nov 2021Cr.Rev./663/2018

Case brief

AI extract

What is this about?

In Cr. Revision, the court quashed the conviction and sentences of the petitioner for cheque dishonour under Section 138 NI Act, allowing the setting aside of lower court orders due to a post-settlement compromise between parties under Section 147 NI Act.

What did the court decide?

Petitioner is acquitted of the offence; the judgment dated 01.09.2017 and sentence dated 30.06.2014 in Cr. Appeal No.128 of 2014 and C/1 Case No.412 of 2011 are quashed and set aside.

Kumar Shailendra Amb Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.663 of 2018

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Kumar Shailendra Amb …… Petitioner

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Versus

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1. The State of Jharkhand

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2. Bhupendra Kumar Singh ….. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Ashok Kumar Sinha (4), Advocate For the State : Mr. Vishwanath Roy, A.P.P For the O.P. No.02 : Mr. Prince Kumar, Advocate

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07/Dated: 18th November, 2021

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1. Heard learned counsel for the petitioner, learned A.P.P and learned counsel for the O.P. No.02.

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2. It has been jointly submitted by the learned counsel for the parties that the parties have settled their dispute outside the court and the money has been transacted between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner.

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It has further been submitted by the learned counsel for the parties that the 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 01.09.2017, passed in Cr. Appeal No.128 of 2014, by the court of learned Additional Sessions Judge - V, Jamshedpur, and the judgment and order of sentence dated 30.06.2014, passed by the court of learned Judicial Magistrate, 1^st Class, Jamshedpur, in C/1 Case No.412 of 2011 (T.R. No.223 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 simple imprisonment of six months to pay the compensation of Rs.1,00,000/- (Rupees one lakh) to the complainant.

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3. Considering the arguments of the learned counsel 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 01.09.2017, passed in Cr. Appeal No.128 of 2014, by the court

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of learned Additional Sessions Judge - V, Jamshedpur,, and the judgment and order of sentence dated 30.06.2014, passed by the court of learned Judicial Magistrate, 1^st Class, Jamshedpur, in C/1 Case No.412 of 2011 (T.R. No.223 of 2014), are, hereby, quashed and set aside. The petitioner is acquitted of the offence under Section 138 of the N.I Act in terms of the compromise between the parties.

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4. In the result, the present revision application stands disposed of.

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(Rajesh Kumar, J.)

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Chandan/-

Kumar Shailendra Amb v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kumar Shailendra Amb v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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