( 2025:JHHC:25471 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1337 of 2016 ------ Afsar Alam, S/o Late Hazi Zafar Khan, R/o Jamia Nagar, Kadru, House No. 209, P.O and P.S: Argoda, District: Ranchi ……Petitioner Versus 1. The State of Jharkhand 2. Neelam Jain, W/o Late Ashish Jain, R/o Vardhman Kunj, near Sri Ram Vatika, Barwa Road, Dahiya, P.O and P.S: Dahiya, District: Dhanbad .…..Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Appellant : Mr. Birendra Burman, Advocate For the State : Mr. Subodh Kr. Dubey, A.P.P For the O.P No.2 : Mr. Anjani Kumar, Advocate ------ ORAL ORDER IN COURT Order No: 26/ Dated: 12.08.2025 This Criminal Revision Application has been filed on behalf of the petitioner by challenging the judgment dated 19.07.2016 passed in Criminal Appeal No. 189 of 2015 by the learned Sessions Judge, Dhanbad by which the appeal filed on behalf of the petitioner has been dismissed thereby, affirming the judgment of conviction and order of sentence dated 16.09.2015 passed by Sri Bishwanath Oraon, learned Judicial Magistrate, 1st Class, Dhanbad in connection with C.P Case No. 1593 of 2011 corresponding to T.R No. 1615 of 2015 by which the petitioner ( 2025:JHHC:25471 ) 2 has been convicted for the offence under Section 138 of the N.I Act and sentenced to undergo S.I for one year and to pay the compensation amount of Rs. 2,00,000/-. 2. It has been informed that the petitioner has handed over a demand draft of Rs. 50,000/- (Rs. Fifty Thousand) to Mr. Anjani Kumar, learned counsel appearing on behalf of the O.P No.2 and has filed the photocopy of the said demand draft before this Court, let it be kept on record. 3. Learned counsel for the petitioner has submitted that the petitioner has deposited a demand draft of Rs. 1,00,000/- (Rs One Lakh) and Rs. 50,000/- (Rs. Fifty Thousand) before the office of the learned Registrar General and the parties were directed to file the Joint Compromise Petition. However, the O.P No. 2 has not appeared but she has sent her consent letter regarding compromise which has been brought before this Court on 05.08.2025. It is submitted that the petitioner has also deposited a demand draft of Rs. 50,000/- before the office of the learned Registrar General and thus, the petitioner has paid total Rs. 2,00,000/- (Rs Two Lakhs) to the O.P No. 2 and. It is submitted that the petitioner has no objection if the O.P No. 2 is permitted to obtain the demand draft as the case has been compromised between the petitioner and substituted legal heirs of O.P No. 2 and hence, the petitioner may be acquitted and this Criminal Revision Application may be ( 2025:JHHC:25471 ) 3 allowed. 4. Learned counsel for the State has raised no objection. 5. Learned counsel for the O.P No. 2 has admitted the factum of compromise between the parties and has submitted that the case has been compromised between the petitioner and the legal heirs of the O.P No. 2 and the legal heirs of O.P No. 2 has no objection in case of acquittal of the petitioner. 6. Heard learned counsel for the parties and perused the records of this case and considered the submission of both the sides. 7. It appears that initially the complainant had filed Complaint Case No. 1593 of 2011 by which the petitioner has been convicted for the offence under Section 138 of N.I Act and sentenced to undergo S.I for one (01) year and to pay the fine of Rs. 2,00,000/- by the learned Trial Court. 8. It also appears that the judgment of the learned Trial Court was affirmed by the learned Appellate Court. 9. It appears that vide order dated 18.01.2018 passed by the Co-ordinate Bench (Hon’ble Mr. Justice Rongon Mukhopadhyay) of this Court, the petitioner was granted bail who was in custody since 18.12.2017. 10. It appears that during pendency of this Criminal Revision Application, the O.P No. 2 Ashish Jain has died on ( 2025:JHHC:25471 ) 4 03.05.2021 and his legal heir was substituted by his wife Neelam Jain vide order dated 18.10.2024 passed by this Court. 11. It appears from the supplementary affidavit dated 18.02.2025 and 25.04.2025 filed on behalf of the petitioner that earlier the petitioner had deposited a demand draft of Rs. 1,00,000/- (Rs. One Lakh) and Rs. 50,000/- (Rs. Fifty Thousand) before the office of the learned Registrar General. However, vide order dated 09.06.2025 the said demand draft was ordered to be again revalidated and be deposited before the office of the learned Registrar General. It further appears from the supplementary affidavit dated 07.05.2025 that the petitioner had deposited the remaining amount of Rs. 50,000/- which has been revalidated vide order dated 05.08.2025. 12. It is evident that the petitioner has deposited a demand of Rs. 1,50,000 (Rs. One Lakh Fifty Thousand) in the light of order passed by this Court and also paid Rs. 50,000/- (Rs. Fifty Thousand) to the O.P No. 2 and thus, total Rs. 2,00,000/- (Rs Two Lakhs) has been paid by the petitioner to the O.P No. 2. 13. Under the circumstances, the impugned judgment dated 19.07.2016 passed in Criminal Appeal No. 189 of 2015 by the learned Sessions Judge, Dhanbad and judgment of conviction and order of sentence dated 16.09.2015 passed by Sri Bishwanath Oraon, learned Judicial Magistrate, 1st Class, Dhanbad in ( 2025:JHHC:25471 ) 5 connection with C.P Case No. 1593 of 2011 corresponding to T.R No. 1615 of 2015 are set aside and the petitioner namely Afsar Alam is acquitted for the offence under Section 138 of the N.I Act and the petitioner is also discharged from the liability of his bail bonds. 14. Learned counsel for the O.P No. 2 is directed to obtain the demand draft of Rs. 1,50,000/- (Rs One Lakh Fifty Thousand) from the office of the learned Registrar General on filing proper application. 15. The Registrar General is also directed to hand over the said demand draft Rs. 1,50,000/- (Rs One Lakh Fifty Thousand) to the learned counsel for the O.P No. 2 on submitting the consent letter of the O.P No.2. 16. Thus, this Criminal Revision No. 1337 of 2016 is allowed in term of compromise. 17. Let a copy of this order be sent to the office of the learned Registrar General and be also sent to the learned Court below for the needful. (Sanjay Prasad, J.) Avinash/