Allowed

Jaspreet Singh Bhatiya v. the State of Jharkhand

Jharkhand HC8 Aug 2023Cr.Rev./1665/2018

Case brief

AI extract

What is this about?

In a criminal revision under Section 138 of the N.I. Act, the High Court acquitted the petitioner after a joint compromise petition was filed by the petitioner and the opposite party. Set-aside of prior judgments and conviction were ordered.

What did the court decide?

Petitioner acquitted; judgments dated 18.08.2018 and 16.05.2018 set aside; I.A. No. 6412 of 2023 allowed.

Jaspreet Singh Bhatiya Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 1665 of 2018

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... Petitioner Jaspreet Singh Bhatiya

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-Versus-

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The State of Jharkhand

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Pradeep Kumar … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD

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--------For the Petitioner : Mr. Saibal Kr. Laik, Advocate For the State : Mr. Gautam Rakesh A.P.P. For the O.P. No. 2 : Mr. Prabhash Kumar, Advocate

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Order No. 05/ Dated: 08.08.2023

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This Criminal Revision has been filed on behalf of the petitioner by challenging the judgment dated 18.08.2018 passed in Criminal Appeal No. 133 of 2018 by the learned Sessions Judge-East Singhbhum, Jamshedpur by which the appeal preferred by the petitioner has been dismissed, whereby affirming the judgment of conviction and order of sentence dated 16.05.2018 passed by the Sri Abhinav, Judicial Magistrate , 1^st Class East Singhbhum, Jamshedpur in C/I Case No. 178 of 2016 by which the petitioner has been convicted for the offence under section 138 of the N.I.Act and sentenced to pay Rs. 85,000/- as pay compensation to the O.P. No. 2 and in default of payment of fine he is sentenced to undergo S.I. for one month.

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Heard learned counsel for the petitioner, learned A.P.P. and learned counsel for the O.P. No. 2.

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Learned counsel for the petitioner has submitted that the case has been compromised between the parties and petitioner has paid Rs. 85,000/- to the O.P. No. 2 in the light of impugned judgment passed by the learned Court below and hence the petitioner may be acquitted in terms of compromise .

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Learned A.P.P. has raised no objection.

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Learned counsel for the opposite party also admitted the factum of compromise and submitted that the joint compromise petition has been filed vide I.A. No. 6412 of 2023.

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I.A. No. 6412 of 2023 has been filed on behalf of the petitioner and the O.P. No. 2 by way of joint compromise petition. 7. Paragraph 4,5,6, 7 and 8 of I.A. No. 6412 of 2023 read as follows:-

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“ Para 4:- That the petitioner states that the parties i.e. petitioner and complainant/O.P. No.2 have already resolved their dispute outside the court and the complainant/O.P. No.2 has already received a sum of Rs.70,000/- as a full and final settlement against the cheque issued being subject matter of C/1 case no. 178/2016 and he is ready and willing to pay the balance amount of Rs.15,000/- to resolve the dispute.

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Para 5 :- That it is stated that at the intervention of common friends and well wishers of both the parties, i.e. the complainant and petitioner, the dispute has already been settled out of the court.

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Para 6:-That it is stated that now harmonious relation is restored between the parties and they are living peacefully and the complainant has no grievance against the petitioner, further they are residents of the same locality.

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Para 7: That it is stated that the complainant has no further grievance against the petitioner and has objection if the present Criminal Revision is allowed.

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Para 8. That it is stated that since the parties are in harmonious relation, it is expedient in the interest of justice that the present Criminal Revision be allowed.”

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It transpires that the petitioner and the opposite party No. 2 have got the case compromised and there is no dispute between the parties.

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Under the circumstances, judgment dated 18.08.2018 passed in Criminal Appeal No. 133 of 2018 by the learned Sessions Judge-East Singhbhum, Jamshedpur and judgment of

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conviction and order of sentence dated 16.05.2018 passed by the Sri Abhinav, Judicial Magistrate , 1^st Class, East Singhbhum, Jamshedpur are set-aside in terms of compromise and the petitioner namely Jaspreet Singh Bhatiya is acquitted for the offence under section 138 of the N.I.Act in terms of the compromise

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Thus, this Criminal Revision No. 1615 of 2018 is allowed in terms of compromise.

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I.A. No. 6412 of 2023 is allowed and stands disposed

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of.

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(Sanjay Prasad, J.)

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Bibha/

Jaspreet Singh Bhatiya v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jaspreet Singh Bhatiya v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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