2025:JHHC:15287 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 380 of 2025 Dilip Kumar, aged about 42 years, Son of Hari Prasad Sahu, Resident of Ratu Kathitanr, P.O & P.S-Ratu, District-Ranchi …… Petitioner Versus 1. The State of Jharkhand 2.Saroj Kumar Sah, Son of Krishna Sah, Resident of Krishna Sanitary, P.O & P.S-Ratu, District-Ranchi ..…. Opp. Parties --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioner : Mr. Shashank Shekhar Prasad, Advocate For the State : Mr. Vijoy Kumar Sinha, APP For the O.P. No.2 : Mrs. Niki Sinha, Advocate ----------- 04/Dated:12th June, 2025 This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 02.05.2024 passed by Sri Diwakar Pandey, learned Judicial Commissioner, Ranchi in Cr. Appeal No.137 of 2023 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 30.06.2023 passed by Sri Digvijay Nath Shukla, learned Judicial Magistrate, 1st Class-XXVIII, Ranchi in Complaint Case No.4294 of 2022 (T.R. No.1362 of 2013) by which the petitioner has been convicted for the offence under Section 138 of the N.I Act and sentenced to undergo S.I one year and to pay compensation of Rs.17,00,000/- to the complainant. 2. Heard Mr. Shashank Shekhar Prasad, learned counsel for the petitioner, Mr. Vijoy Kumar Sinha, learned APP for the State and Mrs. Niki Sinha, learned counsel for the O.P. No.2. 2025:JHHC:15287 2 3. I.A. No.5812 of 2025 has been filed on behalf of the petitioner and O.P. No.2 under section 528 of the BNSS, 2023 by way of Joint Compromise Petition. 4. Learned counsel for the petitioner submitted that the case has been compromised between the petitioner and the O.P. No.2 outside the Court and the petitioner has paid Rs.17,00,000/- and as such the impugned judgment dated 02.05.2024 passed by the learned Appellate Court and the judgment dated 30.06.2023 passed by the learned Trial Court may be set aside and the petitioner may be acquitted. 5. Learned APP for the State has raised no objection. 6. On the other hand, learned counsel for the O.P. No.2 has also admitted the factum of compromise and submitted that O.P. No.2 has received Rs.17,00,000/- from the petitioner and has no objection if the instant Criminal Revision Application may be allowed. 7. Perused the records of this case and I.A. No.5812 of 2025 and also the supplementary affidavit dated 06.05.2025. 8. The petitioner has given details of Rs.17,00,000/- in paragraph no.7 of supplementary affidavit dated 06.05.2025 and has also shown the mode of payment and also enclosed the passbook of the Bank Account. 9. Paragraph No.7, 8, 9 and 10 of the I.A. No.5812 of 2025 read as follows:- “Para-7:- That it respectfully submitted that during pendency of present case after intervention of common friends of the parties, both party settled the dispute out of court and thereafter the opposite party no.2 received Rupees 17,00,000 (Rupees Seventeen Lakhs) from the petitioner. Para-8:- That it is respectfully submitted that after receiving the aforesaid amount, the present opposite 2025:JHHC:15287 3 party no.2 has no grievance with the petitioner and he does not want to proceed with the case. Para-9:- That the present case is not against the society or against the country, it comes under Negotiable Instrument act it can be compounded. Para-10:- That petitioner as well as opposite party no.2 are friends, therefore they decided to lead their life as friend but not an enemy.” 10. It appears that the case has been compromised between the petitioner and the O.P. No.2 and the petitioner has paid entire amount to the O.P. No.2 and there is no dispute between the parties. 11. It appears that the petitioner has already been exempted from surrendering before the Court below vide order dated 01.05.2025. 12. Under the circumstances, the impugned judgment dated 02.05.2024 passed by Sri Diwakar Pandey, learned Judicial Commissioner, Ranchi in Cr. Appeal No.137 of 2023 and the judgment of conviction and order of sentence dated 30.06.2023 passed by Sri Digvijay Nath Shukla, learned Judicial Magistrate, 1st Class-XXVIII, Ranchi in Complaint Case No.4294 of 2022 (T.R. No.1362 of 2013) are set aside in terms of compromise and the petitioner namely Dilip Kumar is acquitted for the offence under section 138 of the N.I. Act. 13. Accordingly, Cr. Revision No.380 of 2025 is allowed and stands disposed of in terms of compromise. 14. Consequently, I.A. No.5812 of 2025 also stands disposed of. (Sanjay Prasad, J.) Saket/-