Extracted from the PDF above. The PDF is authoritative.
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--1-- Criminal Revision No. 480 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
Criminal Revision No. 480 of 2025
---- Md. Imran Khan, aged about 44 years, son of Late Hasim Khan, R/o Mahua Bharat Gas Gramin Vitrak Mahuwadanr, PO and PS – Latehar, District – Latehar, at present R/o Lajpat Nagar, Khet Mohalla, Faiz Nagar Gali, near ISM, Pundag, PO and PS – Jagarnathpur, District - Ranchi
.... Petitioner -- Versus --
1. The State of Jharkhand
2. Farhan Akhter, S/o – Late Abdul Matin, R/o Sumitra Bhawan Nazir Ali Lane, Church Road, near Sahu General Store, PO and PS – Lower Bazar, District - Ranchi
.... Opposite Parties
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Deepak Kr. Dubey, Advocate
:- Ms. Rashi Sharma, Advocate
:- Ms. Ruhi Dubey, Advocate For the State :- Mrs. Nehala Sharmin, Advocate
(through V.C.) For O.P. No.2 :- Mr. Faiz Ur Rahman, Advocate
---- 06/06.10.2025
Learned counsel appearing for the petitioner submits that this criminal revision petition has been preferred under Sections 438 and 442 of Bharatiya Nagarik Surakasha Sanhita, 2023 challenging the judgment dated 04.02.2025 passed in Criminal Appeal No.347/2024 by learned Additional Judicial Commissioner- XIII, Ranchi arising out of Complaint Case No.10863/2022 whereby the learned appellate court has been pleased to dismiss the criminal appeal which was filed against the judgment of conviction and sentence dated 04.09.2024 passed by learned Judicial Magistrate 1st
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Class, III, Ranchi in Case No.10863/2022 corresponding to T.R. No.1343/2024 whereby the learned Court has been pleased to convict the petitioner under Section 138 of Negotiable Instruments Act to undergo simple imprisonment for six months and to pay the compensation to the complainant of Rs.17,00,000/- and in case of default the petitioner has to undergo simple imprisonment for three months.
2. Mr. Dubey, learned counsel appearing for the petitioner submits that the matter is arising under Section 138 of Negotiable Instruments Act which was filed for dishonor of cheque and that has been affirmed up to the appellate court. He then submits that now a good sense has been prevailed between the parties and the petitioner and complainant have compromised the matter. He next submits that in light of earlier order of co-ordinate Bench dated 16.06.2025 the petitioner herein has already deposited bank draft of Rs.8,30,000/- which is lying in the office of learned Registrar General of the High Court. He also submits that the petitioner has further deposited a bank draft of Rs.1,00,000/- before the office of learned Registrar General on 08.07.2025 and further a demand draft of Rs.1,00,000/- on 01.08.2025 and further a demand draft of Rs.1,31,000/- on 08.09.2025. He further submits that the entire cheque amount deposited before the learned Registrar General is to the tune of Rs.11,61,000/- through different demand drafts. He submits that in light of compromise the petitioner has come along
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with a demand draft of Rs.1,85,000/-. He next submits that the petitioner is ready to handover the said amount to the opposite party No.2 in the Court’s proceeding itself. On this ground, he submits that the compromise petition may kindly be allowed and the revision petition may kindly be allowed and disposed of.
3.
Learned counsel appearing for the State through V.C. submits that it appears that the matter is arising under Section 138 of Negotiable Instruments Act.
4. Mr. Faiz Ur Rahman, learned counsel appearing for the opposite party No.2 accepts the submission of learned counsel appearing for the petitioner and submits that the demand draft deposited before the office of learned Registrar General is not paid to the complainant as yet and the said demand drafts are required to be revalidated. He submits that within the stipulated time the petitioner may kindly be directed to revalidate the said bank draft and pay the same to the counsel of the complainant.
5.
Learned counsel appearing for the petitioner in reply submits that within the stipulated time as per the direction of this Court the said demand draft will be revalidated and will be handed over to the learned counsel appearing for the complainant.
6. In view of above submission of learned counsel appearing for the parties it transpires that the argument advanced by learned counsel appearing for the petitioner is depicted in I.A. No.12944 of 2025 which is Joint Compromise Petition filed on behalf of the
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--4-- Criminal Revision No. 480 of 2025
petitioner and the complainant and the said I.A. is on different affidavit of both the sides.
7. It is an admitted position in light of acceptance of learned counsel appearing for the complainant that a demand draft of Rs.11,61,000/- by way of different bank drafts have been deposited before the office of learned Registrar General and it has been pointed out that Rs.1,70,000/- has been withdrawn by the complainant from the court of learned appellate court. The petitioner has come along with bank draft of Rs.1,85,000/-.
8. In view of the aforesaid fact, the petitioner herein is
directed to approach the office of learned Registrar General to take different demand drafts for revalidating and handing over the same to the learned counsel appearing for the complainant and he will approach the office of learned Registrar General within a week and will revalidate the same within one week and hand over the same within one week further thereafter to the learned counsel appearing for the complainant and the learned Registrar General will hand over the bank drafts to the counsel for the petitioner.
9.
Learned counsel appearing for the complainant in his turn will hand over the said demand draft to the complainant.
10. A sum of Rs.1,85,000/- has been handed over to Mr. Faiz Ur Rahman, learned counsel appearing for the opposite party No.2 in the Court’s proceeding and he will hand over the same to the complainant.
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11. In view of the above and considering Section 147 of Negotiable Instruments Act the matter is compoundable as it is arising under Section 138 of Negotiable Instruments Act and in view of that the prayer made in the I.A. No.12944 of 2025 for joint compromise is allowed and disposed of.
12. In light of Section 147 of Negotiable Instruments Act and considering that the matter is compoundable the Court hereby allowed compounding of the case between the parties. Consequently, in light of compounding, the judgment of learned trial court dated 04.09.2024 passed by learned Judicial Magistrate 1st Class, III, Ranchi in Complaint Case No.10863/2022 corresponding to T.R. No.1343/2024 as well as judgment dated 04.02.2025 passed in Criminal Appeal No.347/2024 by learned Additional Judicial Commissioner-XIII, Ranchi arising out of Complaint Case No.10863/2022 is hereby set aside.
13. The petitioner is discharged from all the liabilities and the petitioner is directed to put at liberty forthwith.
14. This criminal revision petition is disposed of.
(Sanjay Kumar Dwivedi, J.) Dated 06.10.2025 Sangam/