( 2025:JHHC:24405 ) -1- Criminal Revision No. 810 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 810 of 2025 Avinash Kumar, aged about 33 years, son of Sri Upendra Singh, resident of Staff Colony, B/C Kathara, P.O. Kathara, P.S. Bokaro Thermal, District- Bokaro … Petitioner -Versus- 1. State of Jharkhand 2. Sunil Kumar Singh @ Sunil Singh @ Sunil Kumar, son of Late Kishor Sahu, resident of Staff Colony, Kathara, P.O. Kathara, P.S. Bokaro Thermal, District- Bokaro … Opposite Parties ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Rohit Ranjan Sinha, Advocate Mr. Siddharth Ranjan, Advocate Mr. Harshit Ranjan Prasad, Advocate Mrs. Neha Bhardwaj, Advocate For the State : Mr. Sanat Kumar Jha, A.P.P. For O.P. No.2 : Mr. Karamjit Singh Chhabra, Advocate ----- 04/20.08.2025 Learned counsel for the petitioner submits that there is delay of 277 days in filing the criminal revision petition and for condonation of such delay, I.A. No.11180 of 2025 has been filed. He further submits that it appears that the office inadvertently has not pointed out the said defect. 2. Learned counsel for the State and opposite party no.2 have got no serious objection if the delay is condoned. 3. For the reasons assigned in the said I.A., the delay of 277 days in filing the criminal revision petition is, hereby, condoned. 4. Accordingly, I.A. No.11180 of 2025 is allowed and disposed of. 5. Learned counsel for the petitioner submits that this matter may kindly be heard on merit. Learned counsel for opposite party no.2 is also ready in the matter and both the counsel jointly submit that this matter is arising out of Section 138 of the Negotiable Instrument Act and compromise has already taken place between the parties and for that, joint compromise petition has also been filed. ( 2025:JHHC:24405 ) -2- Criminal Revision No. 810 of 2025 6. This criminal revision petition has been preferred against the judgment and order dated 27.07.2024 passed by the learned Additional Sessions Judge- IV, Bokaro in Criminal Appeal No.40/2023, whereby, the learned Court has been pleased to dismiss the appeal and judgment of conviction and order of sentence dated 27.02.2023 passed in C.P. Case No.832/2021 by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat has been confirmed. 7. Learned counsel for the petitioner submits that C.P. Case No.832/2021 was filed alleging therein that the cheque was dishonoured due to reason of insufficient fund and for that, the said complaint case was filed. He submits that the learned trial court has allowed the said complaint case and the petitioner has been convicted under Section 138 of the Negotiable Instrument Act and he has been sentenced to undergo S.I. for six months and direction has been issued to pay compensation of Rs.2 Lakhs to the complainant and in default, S.I. for 15 days has been awarded to the petitioner. He submits that the said judgment and order was challenged before the learned appellate court in Criminal Appeal No.40/2023 and the learned appellate court has dismissed the appeal and confirmed the said judgment and order. He further submits that now a good sense has prevailed between the parties and in view of that, joint compromise petition has been filed being I.A. No.11181 of 2025. He submits that the matter has been compromised in view of the fact that the petitioner has already paid a sum of Rs.2 Lakhs to opposite party no.2 and photocopy of the said bankers cheque is also annexed at Annexure-1 of the said I.A. He submits that the matter can be compoundable in light of Section 147 of the Negotiable Instrument Act. ( 2025:JHHC:24405 ) -3- Criminal Revision No. 810 of 2025 8. Learned counsel for opposite party no.2 submits that joint compromise petition has been filed, which has been affidavited separately by both the sides. He also submits that the amount of Rs.2 Lakhs has been received by opposite party no.2. 9. In view of the fact that the offence under Section 138 of the Negotiable Instrument Act is compoundable and in view of that, the Court allows to compound the case. In that view of the matter, the judgment and order dated 27.07.2024 passed by the learned Additional Sessions Judge-IV, Bokaro in Criminal Appeal No.40/2023 and the judgment of conviction and order of sentence dated 27.02.2023 passed in C.P. Case No.832/2021 by the learned Additional Chief Judicial Magistrate, Bermo at Tenughat are, hereby, set-aside. 10. The petitioner shall be immediately set at liberty. 11. Accordingly, this criminal revision petition is allowed and disposed of. 12. Pending I.A., if any, is disposed of. (Sanjay Kumar Dwivedi, J.) Ajay/