[2025:JHHC:31865] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 1424 of 2023 Prem Kamal Tiwary, aged about 42 years, son of late Mohan Tiwary, resident of Chatti Sinduriya, P.O. & P.S. Sadar, Daltonganj, District-Palamau. ..... … Petitioner Versus 1. State of Jharkhand. 2. Shashi Kumar Dubey @ Shash Kumar Dubey, son of Satnarayan Dubey, resident of Sudna, P.O. and P.S.-Sadar Daltonganj, District-Palamau. ..... … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Anurag Kashyap, Advocate. For the State : Mr. Subodh Kumar Dubey, A.P.P. For the O.P. No. 2 : Mr. Amit Kumar Tiwari, Advocate. : Ms. Nidhi Rani, Advocate. ------ 08/ 15.10.2025 Heard learned counsel appearing for the petitioner, learned A.P.P. for the State and learned counsel appearing for the O.P. No. 2. 2. Learned counsel appearing for the petitioner submits that this revision petition has been preferred against the judgment dated 29.09.2023, passed in Criminal Appeal No. 29 of 2021 by the learned Sessions Judge, Palamau, whereby the learned appellate court has dismissed the appeal of the petitioner and affirmed the judgment of conviction and order of sentence dated 24.09.2021 passed by the learned Judicial Magistrate, 1st Class, Daltonganj, in connection with Complaint Case No. 1079 of 2018, whereby, the petitioner has been sentenced to undergo S.I. for a period of one year and directed to pay a fine of Rs. 20,00,000/- for the offence under Section 138 of the NI Act with the default clause that in default of payment of fine amount, the petitioner shall further undergo S.I. for three months in addition to substantive sentence. 3. Learned counsel appearing for the petitioner submits that the case is arising out of Section 138 of NI Act and for dishonour of the [2025:JHHC:31865] -2- cheque, the complaint case has been filed and after trial the petitioner has been convicted and sentenced for the offence under Section 138 of NI Act and the same has been affirmed by the learned appellate court. He submits that now the good sense has prevailed between the parties and the matter has been compromised between the petitioner and the complainant / O.P. No. 2. He then submits that in light of Section 147 of the NI Act, the matter can be disposed of considering the compromise arrived at between the parties. He next submits that it has been agreed to settle the matter on payment of Rs. 12,00,000/- and the said amount has already been paid to the O.P. No. 2 by the petitioner. He further submits that after compromise, the joint compromise has been filed in the form of I.A. No. 8658 of 2025, wherein it has been disclosed that the agreed amount has already been paid to the complainant / O.P. No. 2 and to buttress his argument, he refers to Annexure-1 of the said I.A. On these grounds, he submits that the petitioner may kindly be exonerated from all charges. 4. Learned counsel appearing for the petitioner submits that another I.A. No. 11354 of 2023 has been filed for exemption from surrender. He submits that in view of the compromise, arrived at between the parties, also this I.A. may kindly be allowed. 5. Learned A.P.P. appearing for the State submits that the matter is arising out of Section 138 of NI Act. He further submits that from the I.A., which is meant for joint compromise, it transpires that the compromise has taken place between the petitioner and the complainant- O.P. No. 2. 6. Learned counsel appearing for the O.P. No. 2 accepts the submission of learned counsel appearing for the petitioner. He submits that the O.P. No. 2 has already received the agreed amount of Rs. 12,00,000/-. He further submits that matter can be disposed of by way of setting aside the orders of both the learned courts, as it is compoundable in nature in view of Section 147 of the NI Act. [2025:JHHC:31865] -3- 7. From the records, it transpires that the matter is arising out of Section 138 of the NI Act and in light of I.A. No. 8658 of 2025, filed on behalf of the petitioner, it further transpires that the agreed amount of Rs. 12,00,000/- has been received by the complainant / O.P. No. 2. Further the case is compoundable in nature in light of Section 147 of the NI Act. In that view of the matter, the prayers made in I.A. No. 8658 of 2025 and 11354 of 2023 are allowed and the same are disposed of. 8. In view of the above, this court is, hereby, allowed the compounding of the case between the parties, since the matter has already been compromised between the parties. As such, the judgment dated 29.09.2023, passed in Criminal Appeal No. 29 of 2021 by the learned Sessions Judge, Palamau and the judgment of conviction and order of sentence dated 24.09.2021 passed by the learned Judicial Magistrate, 1st Class, Daltonganj, in connection with Complaint Case No. 1079 of 2018, are hereby, set aside. The petitioner is exonerated from all the liabilities. 9. This revision petition is allowed and disposed of. (Sanjay Kumar Dwivedi, J.) Dated:-15.10.2025 Amitesh/-