( 2025:JHHC:31831 ) -1- Criminal Revision No. 348 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 348 of 2024 Sunil Kumar, son of D.N. Sah, aged about 47 years, resident of Daiguttu, Mango, Town Jamshedpur, P.O. & P.S. Mango, District- East Singhbhum … Petitioner -Versus- 1. The State of Jharkhand 2. Rakesh Kumar, son of Nawal Kishore Bhagat, resident of Kitadih West, Near Sri Complex, P.O. Harharguttu, P.S. Bagbera, Town Jamshedpur, District- East Singhbhum … Opposite Parties ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. For O.P. No.2 : Mr. Rajesh Kumar, Advocate ----- 09/15.10.2025 Heard Mr. Jitendra Nath Upadhyay, learned counsel for the petitioner, Mr. Shiv Shankar Kumar, learned counsel for the State and Mr. Rajesh Kumar, learned counsel for opposite party no.2. 2. This criminal revision petition has been preferred for setting-aside the judgment of conviction and order of sentence dated 14.02.2023 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur in connection with C/1 Case No.1301 of 2018, whereby, the learned Court has been pleased to convict the petitioner under Section 138 of the Negotiable Instrument Act and he has been sentenced to undergo S.I. for one year and to pay an amount of Rs.1,50,000/- as compensation to the complainant/opposite party no.2 and in default of payment of compensation of Rs.1,50,000/-, direction was given that the same shall be attached from the property of the petitioner and shall be paid to the complainant. The judgment dated 24.08.2023 passed in Criminal Appeal No.51 of 2023 by the learned Additional Sessions Judge-II, East Singhbhum, Jamshedpur is also under challenge, by which, the appeal preferred by the petitioner has been dismissed. ( 2025:JHHC:31831 ) -2- Criminal Revision No. 348 of 2024 3. Learned counsel for the petitioner submits that the matter is arising under Section 138 of the Negotiable Instrument Act and the compensation of Rs.1,50,000/- has been directed to be paid to the complainant. He further submits that now a good sense has prevailed between the parties and compromise has reached between them and for that, joint compromise petition has been filed in the form of I.A. No.13166 of 2025. He then submits that out of total compensation of Rs.1,50,000/-, Rs.1,10,000/- has already been paid to the complainant/opposite party no.2 and rest of the amount of Rs.40,000/- has been deposited by way of demand draft before the Registrar General of this Court in terms of the order passed by a Coordinate Bench of this Court vide order dated 30.04.2025. He submits that the said demand draft is dated 28.03.2025. He submits that the said demand draft will be revalidated by him within one week after Deepawali vacation and he will hand over the same to the learned counsel for the complainant/opposite party no.2. He next submits that the settlement agreement is annexed with the said I.A. On these grounds, he submits that the matter may kindly be disposed of in light of Section 147 of the Negotiable Instrument Act as it is compoundable. 4. Learned counsel for the State submits that the matter is arising under Section 138 of the Negotiable Instrument Act and from the joint compromise petition, it transpires that the matter has been compromised between the petitioner and opposite party no.2. 5. Learned counsel for the complainant/opposite party no.2 accepts the submission of the learned counsel for the petitioner and submits that the dispute has been settled between the parties and the complainant has ( 2025:JHHC:31831 ) -3- Criminal Revision No. 348 of 2024 already received Rs.1,10,000/- in terms of the settlement agreement annexed with the said I.A. He further submits that the remaining amount of Rs.40,000/- may kindly be allowed to be withdrawn in favour of the complainant. 6. In view of the above, it transpires that the compromise has taken place between the parties in terms of the settlement agreement annexed with the said I.A. The matter is arising under Section 138 of the Negotiable Instrument Act, which is compoundable under Section 147 of the Negotiable Instrument Act. The complainant has already received the amount of Rs.1,10,000/- from the petitioner and he is agreed to accept the demand draft of Rs.40,000/-, which will be revalidated by the learned counsel for the petitioner and in that view of the matter, the prayer made in the I.A. is allowed. The case is hereby allowed to be compounded between the parties and in view of compounding of the case, the judgment of conviction and order of sentence dated 14.02.2023 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur in connection with C/1 Case No.1301 of 2018 and the judgment dated 24.08.2023 passed in Criminal Appeal No.51 of 2023 by the learned Additional Sessions Judge-II, East Singhbhum, Jamshedpur are, hereby, set-aside. 7. The petitioner is directed to approach the learned Registrar General, who will return back the said demand draft of Rs.40,000/- to the petitioner. The petitioner will revalidate the said demand draft and hand over the same to the learned counsel for the complainant/opposite party no.2 within two weeks after Deepawali vacation. Learned counsel for the complainant/ opposite party no.2 will hand over the said revalidated demand draft of Rs.40,000/- to the complainant/opposite party no.2 thereafter. ( 2025:JHHC:31831 ) -4- Criminal Revision No. 348 of 2024 8. In view of the above, this criminal revision petition is allowed in above terms and disposed of. 9. Pending I.A., if any, is disposed of. (Sanjay Kumar Dwivedi, J.) Dated: 15th October, 2025 Ajay/