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2012 DIGILAW 1637 (JHR)

Sushil Kumar Choudhary v. State of Jharkband

2012-11-22

H.C.MISHRA

body2012
Order Heard learned counsel for the petitioner and the learned counsel for the opposite parties. 2. The petitioner is aggrieved by the judgment dated 4.9.2012 passed in Criminal Appeal No. 150 of 2011 by the learned Additional Judicial Commissioner-XVI, Ranchi, whereby the appeal filed against the Judgment and order dated 5.9.2011 passed by Sri Manish, learned Judicial Magistrate-1st Class, Ranchi, in Complaint Case No. 475 of 2003/T.R. No. 292 of 2011, was rejected by the learned Appellate Court below. 3. It may be stated that the Trial Court below had found the petitioner guilty for the offence u/s 138 of the N.I. Act and convicted him for the same. Upon hearing on the point of sentence the petitioner was sentenced to undergo simple imprisonment for one year and also to make the payment of fine of Rs. 2,000/- in default whereof, he was to undergo-simple imprisonment for one week. The petitioner was further directed to make the payment of a sum of Rs.3,26,000/- by way of compensation to the complainant. 4. It is submitted on behalf of the learned counsel for the petitioner, as also learned counsel for the complainant, who has appeared in this case that the case has since been compromised between the parties und the amount is being paid to the complainant by the petitioner through Banker's Cheque No. 043247 dated 3.10.2012, issued by the Bank of Baroda. The said cheque has been handed over to the learned counsel of the complainant in the Court. 5. Learned counsel for the complainant accepts the compromise between the parties and submits that he has no objection in disposing of this case on the basis of compromise. 6. The offence u/s 138 of the N.I. Act is compoundable in nature. 7. In view of the compromise between the parties, the offence is allowed to be compounded and the impugned Judgment dated 5.9.2011 passed by Sri Manish, learned Judicial Magistrate-1st Class, Ranchi, in Complaint Case No. 475 of 2003/T.R. No. 292 of 2011, as also the judgment dated 4.9.2012 passed in Criminal Appeal No. 150 of 2011 by the learned Additional Judicial Commissioner-XVI, Ranchi, are hereby set aside. Consequently, the petitioner is acquitted of the accusation on the basis of compounding of the offence and he is discharged from the liability of his bail bond. 8. This revision application, as also the I.A. No. 1564 of 2012 are allowed.