2026:JHHC:11972 Cr.M.P. No. 2970 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2970 of 2025 Sanjay Agarwal, aged about 53 years Son of Late Babulal Agarwal, Resident of Ward No. 15, Kharagpur Town, P.O. & P.S. Kharagpur, District-Paschim Midnapur, West Bengal. … … Petitioner versus 1. The State of Jharkhand 2. Ramesh Kumar Dhanuka, aged about 63 years Son of Late Satnarayan Dhanuka, Resident of Charchaka, P.O. and P.S. Dhalbhumgarh, District East Singhbhum. … … Opp. Parties -------- For the Petitioner : Mr. Parth S.A. Swarrop Pati, Advocate For the State :Mr. Aniket Kumar, Addl. P.P. For the O.P. No. 2 : Ms. Vani Kumari, Advocate --------- P R E S E N T HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the judgment of conviction dated 19.03.2016 as well as the entire criminal proceeding in connection with C1 case no. 99 of 2011/ Trial No. 15 of 2016 whereby and whereunder this petitioner has been convicted for the offence punishable under section 138 of the Negotiable Instrument Act 1881. 3. It is submitted that the petitioner preferred Criminal Appeal No. 61 of 2016 against the judgment of conviction but the same was also dismissed vide order dated 01.06.2016 by the learned Additional Sessions Judge, Ghatsila. It is further submitted that against the said judgment of affirmation of conviction, the appellant filed Criminal Revision No. 795 of 2016 which was dismissed on 24.06.2024 by this Court and though the petitioner thereafter moved before the Hon’ble Supreme Court of India vide Special Leave to Appeal (Crl.) No. 11727 of 2024, the same was also dismissed by the Hon’ble Supreme Court of India vide order dated 17.09.2024. It is next submitted by the learned counsel for the petitioner that the 2026:JHHC:11972 Cr.M.P. No. 2970 of 2025 petitioner has deposited 10% of the cheque amount i.e. Rs. 2,05,000/- with the Jharkhand Legal Services Authority, Nyay Sadan, Doranda, Ranchi; in terms of the judgment of Hon’ble Supreme Court of India in the case of Sanjabij Tari vs. Kishore S.Borcar and Anr. reported in 2025 INSC 1158. The learned counsel for the petitioner hand over a draft of Rs. 17,00,000/- drawn in favour of the opposite party no. 2-complainant of this complaint case being C1 case No. 99 of 2011 and the same is received by the learned counsel for the opposite party no. 2- complainant. It is then jointly submitted by the learned counsel for the petitioner and learned counsel for the opposite party no. 2, drawing the attention of the Court to the Interlocutory Application being I.A. No. 12453 of 2024 which is supported by the separate affidavits of the petitioner as well as the opposite party no. 2 /complainant that therein it has categorically mentioned that the parties have compromised and have entered into a compromise agreement, the offence is not opposed to public policy and good conscience has prevailed upon the parties. It is next submitted that the dispute between the parties has amicably been settled without any threat or undue influence. Hence it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 4. Learned Addl. P.P. appearing for the State submits that in view of the compromise between the parties, the State has no objection for quashing and setting aside the entire criminal proceedings initiated against the petitioner in connection with against the petitioner in connection with C1 case no. 99 of 2011/ Trial No. 15 of 2016 including the judgement of conviction passed in the said case and upheld by the superior courts. 5. Having heard the submissions made at the bar and after going through the materials in the record and keeping in view of the settled principle of law in the case of Sanjabij Tari vs. Kishore S.Borcar and Anr. (supra) and since the parties have compromised the matter and the cheque amount, with some additional amount, has also been paid by the petitioner to the opposite party no. 2 and 2026:JHHC:11972 Cr.M.P. No. 2970 of 2025 as the matter has travelled up to the Hon’ble Supreme Court of India and 10% of the cheque amount has been deposited with Jharkhand Legal Services Authority, Nyay Sadan, Doranda, Ranchi, this Court is of the considered view that this is a fit case where the offence be compounded. 6. Accordingly, this is a fit case where the offence punishable under section 138 Negotiable Instrument Act, 1881 in connection with C1 case No. 99/2011 pending in the court of learned Judicial Magistrate, 1st class Ghatisla which is a compoundable offence; including the judgement of conviction, which has been upheld by the superior courts be quashed. 7. Accordingly, the entire criminal proceedings initiated against the petitioner including the judgment of conviction dated 19.03.2016 which has been upheld by the superior courts as well as the entire criminal proceeding in connection with C1 case no. 99 of 2011/ Trial No. 15 of 2016, is quashed and set aside against the petitioner named above. 8. In the result, this Cr.M.P. stands allowed. High Court of Jharkhand, Ranchi (Anil Kumar Choudhary, J.) Dated: 23.04.2026 AFR/MM Uploaded on:- 01/05/2026 Cp.03