Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 25893 (JHR)

JAIPAL NARAYAN v. THE STATE OF JHARKHAND

Cr.Rev./1180/2024 · 2025-01-09

S N Pathak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 1180 of 2024 Jaipal Narayan, aged about 55 years, S/o late Kailash Prasad Singh, R/o Mauza Kalyanpur, Road No. 6, near Sapling Preparatory School, P.O. & P.S.- Jagarnathpur, District – Ranchi, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand. 2. Lalan Kumar Rai @ Lalan Rai, S/o late Paras Ray, R/o Shukla Colony, Hinoo, P.O. & P.S.- Doranda, District – Ranchi, Jharkhand. … … Opp. Parties --- CORAM :HON'BLE DR. JUSTICE S. N. PATHAK --- For the Petitioner : Mr. Rishu Ranjan, Advocate For the State : Mr. Sardhu Mahto, APP For the Opp. P. No.2 : Mr. Jitendra Sharma, Advocate --- 03/09th January 2025 1. Heard the learned counsel for the parties. I.A. No. 13774 of 2024 2. The instant Interlocutory Application has been jointly filed by the parties praying therein for compounding of the case and to allow the main application being Criminal Revision No. 1190 of 2024 in view of the settlement arrived at between the parties. Cr. Rev. No. 1180 of 2024 3. The instant application has been filed for setting aside the judgment and order dated 15.05.2024 passed by Additional Judicial Commissioner – V, Ranchi, in Cr. Appeal No. 198 of 2023 whereby and whereunder appeal preferred by the petitioner has been dismissed, confirming the judgment of conviction and sentence date 19.09.2023 passed by learned Judicial Magistrate – 1st Class, Ranchi in Complaint case no. 5775 of 2021 corresponding to TR Case No. 1284 of 2024. 4. The dispute arose between the parties regarding dishonored of the cheque, for which the case was instituted under Negotiable Instruments Act. Petitioner was convicted vide order dated 19.09.2023 for the offence punishable under Section 138 of the NI Act and sentenced to undergo simple imprisonment for one year and to pay compensation amount of Rs. 6,00,000/- (Rs. Six Lakh Only) to the 2 complainant and in default of fine, additional simple imprisonment of two months. The petitioner thereafter preferred Cr. Appeal No. 198 of 2023 which was dismissed vide judgment and order dated 15.05.2024 passed by learned Additional Judicial Magistrate, Ranchi. 5. The parties have entered into compromise for amicably settling the dispute outside the Court and petitioner has agreed to give an amount of Rs. 4,00,000/- (Rs. Four Lakh Only) for full and final settlement. It is also agreed that the demand draft of Rs. 2,00,000/- which has already been submitted by the petitioner before the office of learned Registrar General of this Court shall be handed over to the opposite party no. 2 for its being credited in the account of opposite party no.2 by way of final settlement. 6. In view of the compromise arrived at between the parties, the judgment of conviction and order of sentence dated 19.09.2023 passed by learned Judicial Magistrate, 1st Class, Ranchi in Complaint Case No. 5775 of 2021 corresponding to T.R. No. 1284 of 2023, convicting and sentencing the petitioner for the offence under Section 138 of the N.I. Act, as also the judgment dated 15.05.2024 passed in Criminal Appeal No. 198 of 2023 are, hereby, quashed and set aside on the basis of the compounding of the offence. The petitioner is, accordingly, acquitted of the charge. 7. Let it be made clear that the demand draft Rs. 2,00,000/- (Rs. Two Lakhs Only) deposited by the petitioner before the office of learned Registrar General of this Court shall be handed over to the opposite party no. 2 (Lalan Kumar Rai @ Lalan Rai) after furnishing the required document regarding his identification. 8. Accordingly, the instant criminal revision stands disposed of. (Dr. S. N. Pathak, J.) Aditi