Criminal revision by the complainant against acquittal of the accused in a section 138 Negotiable Instruments Act case was disposed of after the parties settled the matter outside court and counsel stated no surviving grievance.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1012 of 2019
Kalyan Kumar Gope, aged about 42 years, son of Sripati Charan Gope, resident of Karandih, P.O. and P.S.- Parsudih, TownJamshedpur, District-East Singhbhum, Jharkhand.
… … Opposite Parties
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --For the Petitioner : Mr. J. N. Upadhyay, Advocate For the Opp. Parties : Ms. Aditee Dongrawat, Advocate ---
08 /19.09.2024
1. The learned counsel for the parties are present.
2. This criminal revision petition has been filed for the following
reliefs:-
“The present criminal revision application is being filed challenging the legality, propriety and correctness of the judgment dated 23.05.2019 passed in Criminal Appeal No. 215 of 2018 by Shri Manoj Prasad, learned Sessions Judge, East Singhbhum, Jamshedpur whereby and whereunder the appeal filed by the O.P. No. 2, has been allowed and judgment of conviction and order of sentence dated 30.07.2018 passed by Sri Manoj Kumar Sharma, learned Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No. 2909 of 2016 whereby and whereby the learned Magistrate convicted the O.P. No. 2 for the offence under section 138 of the N.I. Act and accordingly O.P. No. 2 was sentenced for one year simple imprisonment for the offence under section 138 of the N.I. Act and he was directed to pay compensation of Rs. 3,25,000/to the petitioner/complainant within a month from the date of judgement i.e. 30.07.2018 under section 357 of Cr.P.C., was set aside and O.P. No. 2 has been acquitted of the charge levelled against him in connection with C/1 Case No. 2909 of 2016 for the offence under section 138 of N.I. Act”
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3. The petitioner is the complainant of a case against the opposite party No. 2 for the alleged offence under section 138 of Negotiable Instruments Act. The matter was sent for mediation.
4. The learned counsel for the petitioner has submitted that he has no surviving grievance and the matter has been settled outside the court.
5. The opposite party No.2 has confirmed the submissions.
6. This court finds that since the petitioner being the complainant has no surviving grievance there is no need to pass any further order in this case.
7. Accordingly, this criminal revision petition is disposed of.
8. Pending I.A., if any, is closed.
9. Let a copy of this order be communicated to the court concerned through ‘FAX/E-mail’.
(Anubha Rawat Choudhary, J.)
Rakesh/-
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2 provisions across 2 enactments
Kalyan Kumar Gope
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
