2025:JHHC:19131 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 62 of 2025 Pushpa Pathak, aged about 65 years, W/o Late Rajendra Pathak, R/o House No.5, Kailash Nagar, P.O & P.S-Burmamines, Jamshedpur, Dist-East Singhbhum, Jharkhand …… Petitioner Versus 1. The State of Jharkhand 2.Chandan Kumar Agarwal, S/o Sri Satya Narayan Agarwal, R/o House No.C, Golmuri Market, P.O & P.S-Golmuri, Jamshedpur, Dist-East Singhbhum, Jharkhand …… Opp. Parties --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioner : Mr. Manoj Kumar Choubey, Advocate : Mr. Rajiv Kumar Karan, Advocate For the State : Mr. Manoj Kumar Mishra, APP For the O.P. No.2 : Mr. Chandrajit Mukherjee, Advocate ----------- 08/Dated:14th July, 2025 This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 26.09.2024 passed by Sri Kankan Pattadar, learned Additional Session Judge-VIII, Jamshedpur in Cr. Appeal No.116 of 2024 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 18.05.2024 passed by Sri Vikash Kumar Bhagat, learned Judicial Magistrate-Ist Class, Jamshedpur in Complaint Case No.7694 of 2022 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 one (01) year and to pay fine of Rs.8,75,000/- and out of total amount, sum of Rs.8,70,000/- shall be payable to the complainant as compensation and fine of Rs.5,000/- to be deposited in the Nazarat, Civil Court, Jamshedpur. 2025:JHHC:19131 2 2. I.A. No.7309 of 2025 has been filed on behalf of the petitioner and the O.P. No.2 on 17.06.2025 by way of Joint Compromise Petition. 3. Learned counsel for the petitioner submitted that the petitioner and the O.P. No.2 have got the case compromised and the petitioner has paid a sum of Rs.6,50,000/- (Rs.Six lakhs Fifty thousand) in three different installments and hence the impugned judgments passed by the learned Appellate Court as well as the learned Trial Court may be set aside and the petitioner may be acquitted. 4. Learned APP for the State has raised no objection. 5. On the other hand, learned counsel for the O.P. No.2 has also admitted the factum of compromise and submitted that the O.P. No.2 has received the entire amount of Rs.6,50,000/- (Rs.Six lakhs Fifty thousand) from the petitioner as agreed between the parties and the O.P. No.2 has no grievance against the petitioner and hence necessary order may be passed. 6. Perused the records of this case and I.A. No.7309 of 2025. 7. It appears that on account of compromise between the parties, the petitioner has earlier exempted from surrendering before the learned Court below vide order dated 17.03.2025 passed by this Court. 8. Paragraph No.1, 4, 5, 6, 7 and 8 of the I.A. No.7309 of 2025 read as follows:- “Para-1:-That the instant Interlocutory application is being filed on behalf of the petitioner and O.P. No.2 in the form of joint compromise petition since the dispute between the parties has been settled through mediation and reconciliation at Jharkhand State Legal Services Authority at Ranchi and in that view of the matter both the parties jointly praying for disposal of litigation once for all. 2025:JHHC:19131 3 Para-4:- That it is humbly stated that by order of this Hon’ble Court dated 17.03.2025, the matter has been referred to JHALSA, Ranchi for mediation where both the parties appeared and agreed to settle the issue with mutual understanding on specific terms. Para-5:- That it is humbly stated that both the parties have compromised the case through mediation at JHALSA, Ranchi and as per the terms of settlement, it has been agreed that the petitioner will pay a sum of Rs.4,50,000/- (Four Lakh Fifty thousand) to O.P. No.2 in three instalments and out of which Rs.1,50,000/- has been transferred in the saving account of O.P. No.2 on 10.04.2025 as first installment and Rs.1,50,000/- transferred in the saving account of O.P. No.2 on 06.05.2025 as second installment and the third and last installment has been transferred on 16.06.2025, the date fixed for hearing the matter and after receiving the final amount both the parties does not claim or raise any demand related to the present case. Para-6:- That it is humbly stated that besides the amount of Rs.4.5 Lakh, the O.P. No.2 is also entitled for an amount of Rs.2,00,000/- (Two Lakh) which is by way of Demand Draft, prepared in the name of O.P No.2 and deposited in the office of the learned Registrar General which may be released to O.P.2 by the order of this Hon’ble Court and after revalidating the D/D, the same will be handed over to O.P. No.2. Para-7:- That it is humbly stated that since all disputes have been amicably settled, the petitioner and O.P. No.2 have chosen to file this joint compromise petition. Para-8:- That it is humbly stated that under the aforesaid facts and circumstances, it is expedient in the interest of justice that the present interlocutory application may be allowed, accepting the settlement/compromise arrived at in between the parties, as the disputes between the parties have been settled once for all.” 9. It appears that the case has been compromised between the petitioner and the O.P. No.2 and the O.P. No.2 has already received the Rs.6,50,000/- (Rs.Six lakhs Fifty thousand). 10. Under the circumstances, the judgment dated 26.09.2024 2025:JHHC:19131 4 passed by Sri Kankan Pattadar, learned Additional Session Judge-VIII, Jamshedpur in Cr. Appeal No.116 of 2024 and order of sentence dated 18.05.2024 passed by Sri Vikash Kumar Bhagat, learned Judicial Magistrate-Ist Class, Jamshedpur in Complaint Case No.7694 of 2022, are set aside and the petitioner namely Pushpa Pathak is acquitted for the offence under section 138 of the N.I. Act and the petitioner- Pushpa Pathak is set at free. 11. Accordingly, Cr. Revision No.62 of 2025 is allowed in terms of compromise between both the sides. 12. The O.P. No.2 is permitted to receive the Demand Draft from the office of the learned Registrar General and which may be handed over to the O.P. No.2 by the office of the learned Registrar General on filing an appropriate Application through his counsel. 13. Consequently, I.A. No.7309 of 2025 also stands allowed and disposed of. 14. Let a copy of this order be sent to the learned Court below and also to the office of the learned Registrar General for the needful. (Sanjay Prasad, J.) Saket/-