( 2025:JHHC:25469 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 795 of 2024 ------ Chandan Kumar Saha, aged about 32 years son of Santosh Kumar Saha, Resident of village- Ranipur, P.O. Ranipur, P.S. Hiranpur, District-Pakur ……Petitioner Versus 1. The State of Jharkhand 2. Sushila Devi, wife of late Rameshwar Saha, Resident of Village-Anguthiya, P.O. Jambad, P.S. Kotalpokhar, District- Pakur. .…..Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. Gautam Kumar, Advocate : Mr. Abhinav Raj, Advocate For the State : Mr. Ajay Kumar Pathak, A.P.P For the O.P No.2 : Mr. Ajay Kumar Pathak, Advocate ------ ORAL ORDER IN COURT Order No. 11/ Dated: 03.07.2025 This Criminal Revision Application has been filed on behalf of the petitioner by challenging the judgment dated 23.09.2023 passed in Criminal Appeal No. 32 of 2022 by Sri Bal Krishan Tiwari, learned Sessions Judge, Pakur by which the appeal filed on behalf of the petitioner has been dismissed thereby, affirming the judgment of conviction and order of sentence dated 16.09.2022 passed by the learned Sub-Divisional Judicial Magistrate, Pakur in connection with C.C No. 553 of 2019 by which the petitioner has been convicted for the offence under Section 138 of the N.I Act and sentenced to undergo S.I for a ( 2025:JHHC:25469 ) 2 period of one (01) year and to pay the fine of Rs. 75,000/- to the complainant as compensation. I.A No. 5835 of 2025 2. I.A No. 5835 of 2025 has been filed on behalf of both the sides by way of Joint Compromise Petition on 30.04.2025. 3. Learned counsel for the petitioner has submitted that the case has been compromised between the petitioner and the O.P No. 2 and the petitioner has paid Rs. 20,000/- by cash and has deposited a demand draft of Rs. 50,000/- in the name of O.P No. 2 before the office of the learned Registrar General and hence, the impugned judgments and order of sentence passed by the learned Courts below may be aside and this Criminal Revision as well as I.A No. 5835 of 2025 may be allowed. 4. Learned counsel for the State raised no objection. 5. Learned counsel for the O.P No. 2 has admitted the factum of compromise between the parties and also accepted the amount of Rs. 20,000/- in cash by the petitioner. However, he submitted that a demand draft of Rs. 50,000/- may be handed over by the office of the learned Registrar General to the O.P No.2 and has further submitted that she has no objection if the final order is passed in favour of the petitioner. 6. Perused the I.A No. 5835 of 2025, records of this case and considered the submission of both the sides. 7. Paragraph Nos. 5 to 7 of I.A No. 5835 of 2025 read as follows:- “Para:-5:- That it is humbly stated and submitted that both the parties of this case have entered into compromise out of their own sweet will in terms of the facts that the out of the awarded amount Rs. 75,000/- the petitioner would pay Rs. 70,000/- to the petitioner ( 2025:JHHC:25469 ) 3 towards full and final settlement of the case. Para:-6:- That it is pertinent to submits here that petitioner has deposited a Demand Draft of Rs. 50,000/- payable to the O.P No. 2 Sushila Devi in the office of the learned Registrar General of this Hon’ble Court and rest Rs. 20,000/- is being paid by the same to the O.P No. 2 in cash which the same agrees to receive. Para:-7:- That for the same reason both parties have sworn affidavits in the Hon’ble High Court”. 8. The above I.A No. 5835 of 2025 has been filed by the petitioner and O.P No. 2 and they have put their respective signatures on the Joint Compromise Petitioner and even Mr. Gautam Kumar, learned counsel for the petitioner and Mr. Ajay Kumar Pathak, learned counsel for the O.P No. 2 have also put their respective signatures in the above Joint Compromise Petitioner filed vide I.A No. 5835 of 2025 and the petitioner and O.P No. 2 have also sworn their respective affidavits dated 28.04.2025 which have kept at Page 8 and 9 respectively to this I.A No. 5835 of 2025 along with respective Aadhar Cards. 9. It appears that this is a case of cheque bounce of Rs. 50,000/- 10. It also appears that the case has been compromised between the petitioner and O.P No. 2. 11. Under the circumstances, the judgment dated 23.09.2023 passed in Criminal Appeal No. 32 of 2022 by Sri Bal Krishan Tiwari, learned Sessions Judge, Pakur and the judgment of conviction and order of sentence dated 16.09.2022 passed by the learned Sub-Divisional Judicial Magistrate, Pakur in connection with C.C No. 553 of 2019, are set aside in the interest of justice and in terms of joint compromise and the petitioner namely ( 2025:JHHC:25469 ) 4 Chandan Kumar Saha is acquitted for the offence under Section 138 of the N.I Act and also discharged from the liability of this bail bonds. 12. Thus, I.A No. 5835 of 2025 and Criminal Revision No. 795 of 2024 are allowed in terms of compromise and stand disposed of. 13. The learned Registrar General is directed to hand over the demand draft of Rs. 50,000/- to the O.P No. 2 on proper identification. 14. Let a copy of this order be sent to the learned Registrar General and be also sent to the learned Court below for the needful. (Sanjay Prasad, J.) Avinash/ N.A.F.R