Gopal Gope Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2025)

Gopal Gope Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Compounding of the criminal case under section 320(6) of Cr.P.C.; the criminal revisional application allowed in those terms and disposed of; pending I.As, if any, stand disposed of.

Issue for consideration

Whether the criminal case arising out of Section 138 N.I. Act may be compounded under section 320(6) Cr.P.C. and the criminal revisional application allowed and disposed of, in view of the settlement between the parties, payment of the compensation amount, and the petitioner's period in custody.

Court's answer

This court records its reasons for compounding: the case arises out of Section 138 of N.I. Act, the appeal thereon has been dismissed, good sense has prevailed between the parties, the compensation amount has already been paid to the complainant, and the petitioner remained in custody for some time.

Ratio / Principle

Acting in the light of section 320(6) of Cr.P.C., this court compounded the criminal case, allowed the criminal revisional application in those terms, disposed of it, and ordered that pending I.As, if any, stand disposed of.

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi, Cr. Revision No. 505 of 2025 (Sanjay Kumar Dwivedi, J.; decision dated 07.08.2025). The petitioner, Gopal Gope, had been convicted on 18.01.2025 by the Judicial Magistrate, Ist Class, Dhanbad in C.P. Case No. 579 of 2019/T.R. No. 248 of 2025 in a case arising out of Section 138 of N.I. Act, sentenced to simple imprisonment for one year and a fine of Rs. 8,00,000/- by way of compensation (stated recoverable under section 421 of Cr.P.C., corresponding to Section 461 of B.N.S.S, 2023). His Criminal Appeal No. 30 of 2025 was dismissed by the Sessions Judge, Dhanbad on 19.03.2025, and this revision challenged both the dismissal and the conviction and sentence. Counsel for the petitioner submitted that the compensation had been paid in full and that a Section 138 offence is compoundable under section 147 N.I. Act; counsel for the complainant (O.P. No. 2) accepted receipt and the joint compromise filed as I.A. No. 10318 of 2025, and counsel for the State accepted the position. Finding that good sense prevailed between the parties, the compensation stood paid, and the petitioner had remained in custody for some time, the court compounded the criminal case in the light of section 320(6) of Cr.P.C., allowed the criminal revisional application in those terms, disposed of it, and ordered pending I.As, if any, disposed of. No precedent cases were cited or engaged with.

 ( 2025:JHHC:22306 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 505 of 2025

Gopal Gope, aged abut 54 years, son of late Pairu Gope, resident of Basanti Mata Colliery, P.O. Mugma, P.S. Mugma, District-Dhanbad, State-Jharkhand ...... … Petitioner

Versus

1.The State of Jharkhand

Karu Yadav, son of Deoki Yadav, resident of Gajuwatand, P.O.and P.S. Dhansar, District-Dhanbad, State-Jharkhand

.…. … Opposite Parties

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mrs. Neeharika Mazumdar, Advocate

For the State : Mrs. Nehala Sharmin, Spl. P.P. For the O.P. No.2 : Mr. Pratiush Lala, Advocate

04/ 07.08.2025 : Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2.

This revision application has been preferred challenging the legality propriety and correctness of the judgement dated 19.03.2025 passed by learned Sessions Judge, Dhanbad in Criminal Appeal No. 30 of 2025, whereby the learned Sessions Judge has been pleased to dismiss the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 18.01.2025 passed by the learned Judicial Magistrate, Ist Class, Dhanbad in C.P. Case No. 579 of 2019/T.R. No. 248 of 2025 and also challenging the judgment of conviction and order of sentence dated 18.01.2025 passed by the learned Judicial Magistrate, Ist Class, Dhanbad in C.P. Case No. 579 of 2019/T.R. No. 248 of 2025.

Learned counsel for the petitioner submits that the petitioner has been sentenced to undergo simple imprisonment for one year and also to pay a fine of Rs. 8,00,000/- by way of compensation and if the same is not paid in time, the same shall be recoverable under the provisions of section 421 of Cr.P.C, corresponding to Section 461 of B.N.S.S, 2023. She further submits that for some day the petitioner remained in custody and thereafter he has been released on bail. She submits that now good sense has prevailed between the parties and the petitioner has already paid a sum of Rs. 8,00,000/- to the complaint in view of judgment. She submits that section 138 of Negotiable of Instrument Act is compoundable under section 147 N.I. Act.

Learned counsel for the complainant accepts the said submissions and submits that the complainant has already received the said amount and compromise has taken place and in this regard I.A. No. 10318 of 2025 has been

 ( 2025:JHHC:22306 )

filed for joint compromise. He submits that now the complainant does not want to proceed with the case further.

Learned counsel for the State also accepts the said submission.

In view of above and considering the submissions of the learned counsel for the parties it appears that the case is arising out of Section 138 of N.I. Act, thereafter, appeal was preferred which has been dismissed and now good sense has prevailed between the parties and the compensation amount has already been paid to the complainant and for some time the petitioner has remained in custody.

In view of above in the light of section 320(6) of Cr.P.C. the criminal case is hereby compounded and the criminal revisional application is allowed in above terms and disposed of. Pending I.A, if any, stands disposed of.

( Sanjay Kumar Dwivedi, J.)

satyarthi-