Allowed¶9

Ranjit Swarnkar v. the State of Jharkhand

Jharkhand HC9 Sept 2025Cr.Rev./451/2024

Case brief

AI extract

What is this about?

Section 138 NI Act conviction set aside on compounding under Section 147 NI Act after settlement between parties; cheque dishonour of Rs.50,000/-; demand drafts of Rs.70,000/- (compensation) and Rs.1,000/- (fine) tendered in court; Criminal Revision No. 451 of 2024; C.P. Case No.2451 of 2013; Criminal Appeal No.30 of 2024; Judicial Magistrate Dhanbad; Sessions Judge Dhanbad; High Court of Jharkhand at Ranchi; Sanjay Kumar Dwivedi, J.; 09.09.2025; compromise/compoundable offence; interim protection from surrender by earlier order.

What did the court decide?

Criminal revision petition allowed and disposed of; conviction and sentence set aside upon compounding of the Section 138 NI Act offence; demand drafts of Rs.70,000/- and Rs.1,000/- handed over to counsel for opposite party no.2; pending I.A., if any, disposed of. ¶9

Ranjit Swarnkar Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the offence under Section 138 of the Negotiable Instrument Act, for which the petitioner was convicted and his criminal appeal dismissed, can be compounded under Section 147 of the said Act upon compromise between the parties, so as to set aside the conviction and sentence.

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Court's answer

The offence under Section 138 of the Negotiable Instrument Act is compoundable under Section 147 of the said Act; the Court allows the matter to be compounded between the parties.

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Ratio / Principle

Upon compounding, the judgment of conviction and order of sentence dated 10.08.2022 passed by the Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No.2451 of 2013 and the judgment dated 16.03.2024 passed by the Sessions Judge, Dhanbad in Criminal Appeal No.30 of 2024 are set aside.

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Detailed headnote1 paragraphs

Criminal Revision No. 451 of 2024 (High Court of Jharkhand, Ranchi; Sanjay Kumar Dwivedi, J.; decided 09.09.2025): The petitioner, convicted under Section 138 of the Negotiable Instrument Act by the Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No.2451 of 2013 (S.I. 2 months, fine Rs.1,000/-, compensation Rs.70,000/-), whose Criminal Appeal No.30 of 2024 was dismissed by the Sessions Judge, Dhanbad on 16.03.2024, sought compounding after the parties compromised. The Court held that the offence under Section 138 NI Act is compoundable under Section 147 of the said Act, accepted the compromise, recorded handover of demand drafts of Rs.70,000/- and Rs.1,000/- to counsel for opposite party no.2, and set aside both the trial court's judgment of conviction and order of sentence dated 10.08.2022 and the appellate judgment dated 16.03.2024. Revision allowed and disposed of; pending I.A. disposed of.

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( 2025:JHHC:27316 )

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 451 of 2024

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Ranjit Swarnkar @ Ranjit Kumar Swarnkar, aged about 41 years, son of Rajendra Prasad Swarnkar, resident of Sonar Basti, Bastacola, P.O. Bastacola, P.S. Jharia, District- Dhanbad, Jharkhand

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… Petitioner

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-Versus-

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The State of Jharkhand 2. Sheo Bhushan Das, son of Ram Narayan Das, resident of near Goal Building, P.O. K.G. Ashram, P.S. Govindpur, District- Dhanbad, Jharkhand … Opposite Parties -----

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Shambhu Nath Tiwari, Advocate For the State : Mr. Satish Prasad, A.P.P. For O.P. No.2 : Mr. Dhananjay Kumar Dubey, Advocate Mr. Raju Koiri, Advocate

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10/09.09.2025 Heard Mr. Shambhu Nath Tiwari, learned counsel appearing for the petitioner, Mr. Satish Prasad, learned counsel appearing for the State and Mr. Dhananjay Kumar Dubey along with Mr. Raju Koiri, learned counsel appearing for opposite party no.2.

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2. This criminal revision petition has been preferred for setting-aside the judgment of conviction and order of sentence dated 10.08.2022 passed by the learned Judicial Magistrate, 1^st Class, Dhanbad in C.P. Case No.2451 of 2013, whereby, the petitioner has been convicted under Section 138 of the Negotiable Instrument Act and he has been sentenced to undergo S.I. for 2 months and fine of Rs.1,000/- along with compensation of Rs.70,000/- and in default of payment of fine, the petitioner was further directed to undergo S.I. for 1 month and there was direction that the sentence will run concurrently. The further prayer is made for setting-aside the judgment dated 16.03.2024 passed by the learned Sessions Judge, Dhanbad in Criminal

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-1-

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Criminal Revision No. 451 of 2024

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( 2025:JHHC:27316 )

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Appeal No.30 of 2024, whereby, the appeal filed by the petitioner has been dismissed and the order of the learned trial court has been affirmed.

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3. Learned counsel appearing for the petitioner submits that the matter is arising out of dishonour of the cheque. He submits that the petitioner has issued cheque of Rs.50,000/-, which was dishonoured and for that, the present complaint case has been filed. He submits that the learned trial court has convicted and sentenced the petitioner in the aforesaid manner, which was challenged by way of filing the said criminal appeal, which has been dismissed by the learned Sessions Judge, Dhanbad. He also submits that now a good sense has prevailed between the parties and they have compromised the case. He submits that the petitioner has come forward with demand draft of Rs.70,000/- and Rs.1,000/- in light of the direction issued by the learned Courts. He further submits that the matter is arising under Section 138 of the Negotiable Instrument Act, which is compoundable under Section 147 of the said Act and in view of that, it may kindly be allowed to be compounded and the impugned orders may kindly be set-aside.

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4. Learned counsel appearing for the State submits that the matter is arising under Section 138 of the Negotiable Instrument Act and that is compoundable under Section 147 of the said Act. 5. Learned counsel appearing for opposite party no.2 fairly submits that after acceptance of the said compensation amount as well as the fine amount of Rs.1,000/-, the grievance of the petitioner is over. He submits that the matter is arising under Section 138 of the Negotiable Instrument Act and in light of Section 147 of the said Act, the matter can be allowed to be compounded.

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Criminal Revision No. 451 of 2024

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( 2025:JHHC:27316 )

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6. In course of the proceeding, Mr. Shambhu Nath Tiwari, learned counsel for the petitioner has handed over two demand drafts in the hand of Mr. Dhananjay Kumar Dubey, learned counsel appearing for opposite party no.2, who will hand over the same to opposite party no.2. Photo copy of the said demand drafts has been taken on record.

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7. In view of the above facts and further considering that the offence under Section 138 of the Negotiable Instrument Act is compoundable under Section 147 of the said Act and in view of that, the Court allows the matter to be compounded between the parties. In that view of the matter, the judgment of conviction and order of sentence dated 10.08.2022 passed by the learned Judicial Magistrate, 1^st Class, Dhanbad in C.P. Case No.2451 of 2013 and the judgment dated 16.03.2024 passed by the learned Sessions Judge, Dhanbad in Criminal Appeal No.30 of 2024 are, hereby, set-aside.

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8. The petitioner has already been protected not to surrender by way of earlier order passed by this Court.

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9. Accordingly, this criminal revision petition is allowed and disposed of.

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10. Pending I.A., if any, is disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

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