Research › Search › Judgment

Jharkhand High Court · body

2015 DIGILAW 1322 (JHR)

Shyamli Mitra v. State of Jharkhand

2015-10-26

AMITAV K.GUPTA

body2015
ORDER : This revision is directed against the judgment dated 23.01.2009 passed in Cr. Appeal No. 204 of 2007, whereby the judgment of conviction of the petitioner under Section 138 of the Negotiable Instruments Act and order of sentence dated 28.08.2007 passed by Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No. 332/2004/T.R. No. 687/2007 have been affirmed by the learned Sessions Judge, Jamshedpur. 2. Learned counsel for the petitioners and learned counsel for the O.P. No.2/informant have submitted that both the parties have compromised the case and amicably settled the dispute during the conciliation proceeding before the Conciliator at JHALSA, Naya Sadan, Ranchi. 3. Learned counsel appearing on behalf of the O.P./complainant has submitted that the petitioner has deposited Rs. 25,000/-(twenty five thousand) in the court below in terms of compromise and settlement. That O.P. No.2 does not want to proceed with the case any further. It is submitted that the case be disposed of in terms of compromise and the learned court below be directed to release the amount of Rs. 25,000/-(twenty five thousand) deposited by the petitioner in favour of O.P. No.2. 4. Heard. On perusal of the conciliation report, it is amply clear that both the parties have entered into a compromise and O.P. No.2/informant has settled the dispute on terms and condition of payment of Rs. 25,000/-(twenty five thousand) by the petitioner to O.P. as full and final settlement. 5. Regard being had to the fact that both the parties have amicably settled the dispute and have compromised the matter on the terms and conditions as mentioned in the conciliation report dated 22.09.2015 and considering that the offence under Section 138 of the N.I. Act is compoundable, hence for the ends of justice and to prevent the abuse of process of court, the compromise is accepted and the offence is allowed to be compounded. 6. The impugned order dated 23.01.2009 passed, in Cr. Appeal No. 204 of 2007, by Sessions Judge, East Singhbhum, Jamshedpur and order of conviction and sentence dated 28.08.2007 passed by Judicial Magistrate, 1st Clas, Jamshedpur in C/1 Case No. 332 of 2004/T.R. No. 687 of 2007 is hereby set aside and the petitioner is acquitted of the offence. Consequently he is discharged of the liabilities of the bail bonds. 7. The trial Court is directed to release the amount of Rs. Consequently he is discharged of the liabilities of the bail bonds. 7. The trial Court is directed to release the amount of Rs. 25,000/-(twenty five thousand) deposited by the petitioners namely, Shyamali Mitra and Badal Mitra in C/1 Case No. 332 of 2004/T.R. No. 687 of 2007 in favour of the complainant/O.P No.2 namely Mr. Samir Das. 8. With the said observation and direction this revision application is hereby disposed of.