1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1398 of 2023 ------ Kamta Prasad Singh aged about 54 years, son of Late Ram Ratan Singh, resident of village-karkatta, near Kanta Ghar, PO & PS- Khalari, Dist. Ranchi, Jharkhand ……Petitioner Versus 1. The State of Jharkhand 2. Ramji Prasad Kehsri, son of Badri Prasad Kehsri, resident of village-karkatta, Jamundohar, PO & PS-Khalari, Dist. Ranchi. .…..Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. Binod Kumar, Advocate For the State : Ms. Mohua Palit, A.P.P For the O.P. No.2 : Mr. Ganesh ram, Advocate ------ Order No: 12/ Dated: 25.03.2025 This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 01.08.2023 passed in Criminal Appeal No. 32 of 2022 by Sri Manish Ranjan, learned Additional Judicial Commissioner-II, Ranchi by which the learned Additional Judicial Commissioner-II, Ranchi has dismissed the Criminal Appeal No. 32 of 2022 by affirming the judgment of conviction and order of sentence dated 22.02.2022 passed by Sri Ashok Kumar-IV, learned Judicial Magistrate, 1st Class, Ranchi in connection with Complaint Case No. 166 of 2018 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 period of one (01) year and further directed to pay Rs. 4,00,000/- as compensation under Section 357 (3) of the Cr.P.C. 2 I.A No. 3732 of 2025 2. I.A No. 3732 of 2025 has been filed on behalf of both the sides by way of Joint Compromise Petition. 3. Learned counsel for the petitioner has submitted that the impugned judgments and order of sentence passed by the learned Courts below are illegal, arbitrary and not sustainable in the eye of law. It is submitted that the case has been compromised between the petitioner and O. P No. 2 and the petitioner has paid the entire compensation amount of Rs. 4,00,000/- and hence, the impugned judgments and order of sentence passed by the learned Court may be set aside and this Criminal Revision Application may be allowed. 4. On the other hand, learned counsel for the State raised no objection. 5. Learned counsel for the O.P No. 2 has also raised no objection and also admitted the factum of compromise between the petitioner and O.P No.2. It is further submitted that the O.P No. 2 has received Rs. 4,00,000/- (Rs. 1,50,000/- by way of demand draft and Rs. 2,50,000/- as cash) and has no grievance against the petitioner and as such, he has no objection, if this Criminal Revision Application is allowed. 6. Perused the I.A No. 3732 of 2025, records of this case and L.C.R and considered the submission of both the sides. 7. Paragraph Nos. 5 to 9 of the I.A No. 3732 of 2025 read as follows:- “Para-5 It is stated that the matter has already been settled between the parties, for which the petitioner has already paid the compensation amount to the O.P No. 2/Complainant i.e. Rs. 4,00,000/- (Rs. 1,50,000/- by way of demand draft and Rs. 2,50,000/- as cash) in this regard 3 an agreement was executed between the parties on 24.07.2024 and a money receipt has also been prepared on 24.07.2024. Para-6 It is stated that the O.P No. 2 has duly received the said amount and now he does not want to proceed any further in this case, hence, both the parties have compromised the instant case outside the Court of their free will, as such, the O.P No. 2 has no any grievances against the petitioner. Para-7 It is stated that good relationship has been restored by and between the parties, as Such, O.P No. 2 does not want that the case should continue as against the petitioner. Para-8 It is stated that the both the parties have explored their willingness that they have settled their dispute with free heart and consent. Para-9 It is stated that the present Criminal Revision may be allowed accepting the compromise arrived in between the parties, as the dispute in between them has been settled one for all”. 8. It appears that the petitioner and O.P No. 2 have got the case compromised. 9. It also appears that the petitioner has already paid the entire compensation amount of Rs. 4,00,000/- to the O.P No. 2. 10. It also appears that this Court vide order dated 04.03.2025 has exempted the petitioner from surrendering before the learned Court below as the matter was compromised between the petitioner and O.P No.2. 11. The above I. A No. 3732 of 2025 has been filed by the petitioner and O. P No. 2 and they have put their respective signatures on the Joint Compromise Petition and even Mr. Binod Prasad, learned counsel for the petitioner, and 4 Mr. Ganesh Ram, learned counsel for the O.P No. 2 have put their respective signatures in the above Joint Compromise Petition filed vide I. A No. 3732 of 2025 and the petitioner and O.P. No. 2 have also sworn their respective affidavits dated 19.03.2025 which have been kept at Page 13 and 14 respectively to this I.A. No. 3732 of 2025 along with their respective Aadhar Cards. 12. Accordingly, the judgment dated 01.08.2023 passed in Criminal Appeal No. 32 of 2022 by Sri Manish Ranjan, learned Additional Judicial Commissioner-II, Ranchi and the judgment of conviction and order of sentence dated 22.02.2022 passed by Sri Ashok Kumar-IV, learned Judicial Magistrate, 1st Class, Ranchi in connection with Complaint Case No. 166 of 2018 are set aside in the interest of justice and in light of the Joint Compromise Petition and the petitioner namely Kamta Prasad Singh is acquitted for the offence under Section 138 of the Negotiable Instruments Act. 13. Accordingly this Criminal Revision No. 1398 of 2023 and I.A. No. 3732 of 2025 is allowed in terms of compromise and stands disposed of. 14. Let the original Lower Court Records be sent to the learned Court below at once by the office. (Sanjay Prasad, J.) Avinash/ N.A.F.R