Gopal Krishna Srivastava Son of Sri F. B. Srivastava v. State of Jharkhand
2017-03-24
RONGON MUKHOPADHYAY
body2017
DigiLaw.ai
ORDER : I.A. No. 1746 of 2012 This interlocutory application has been preferred by the petitioner for final disposal of the Criminal Revision No. 642 of 2016 on the basis of compromise arrived at between the parties. Petitioner further prays for exemption to surrender in view of the compromise so arrived at. 2. It appears from perusal of the interlocutory application that the parties have settled their disputes, which arose out of dishonor of a cheque and since the act of the petitioner was proved before the trial court, he was convicted for the offence under section 138 of the N.I. Act, which was subsequently affirmed in appeal. 3. Mr. Ashok Kumar Sinha, learned counsel for O.P. No. 2, has accepted the factum of compromise and has submitted that he does not have any grievance against the petitioner. 4. In view of the compromise effected between the parties, this application is allowed and the petitioner is exempted to surrender in terms of Rule 159 of the Jharkhand High Court Rules. 5. I.A. No.1746 of 2012 stands disposed of. Cr. Revision No. 642 of 2016 6. This application has been filed against the judgment and order dated 27.11.2014, passed by the learned Judicial Magistrate, 1st class, Civil Court, Hazaribagh in C. Case No. 405/09, T.R. No. 239/14, whereby and whereunder the petitioner has been convicted for the offence under section 138 of the N.I. Act and has been sentenced to undergo R.I. of one year as also to pay the compensation of Rs.2,75,000/- to the opposite party no. 2. Petitioner has also challenged the order dated 15.3.2016, passed in Cr. Appeal No. 155 of 2014 by the learned District & Additional Sessions Judge-XI, Hazaribagh, by which order of conviction and sentence, passed by the learned trial court has been affirmed. 7. It appears that a complaint case was instituted by the complainant on the allegation that a friendly loan of Rs.2,51,000/- was taken by the petitioner on the pretext of treatment of his wife. A cheque of the same amount was given to the complainant and on presentation the same was dishonored due to "insufficient fund". Subsequently, a legal notice was sent to the petitioner but in spite of the same, amount having not been returned, Complaint Case No. 405 of 2009 was instituted.
A cheque of the same amount was given to the complainant and on presentation the same was dishonored due to "insufficient fund". Subsequently, a legal notice was sent to the petitioner but in spite of the same, amount having not been returned, Complaint Case No. 405 of 2009 was instituted. Upon conducting an enquiry under section 202 Cr.P.C., cognizance was taken for the offence under section 138 of N.I. Act. In course of trial, since the prosecution had established its case beyond all reasonable doubt, the petitioner was convicted for the offence under section 138 of the N.I. Act and sentenced accordingly by the learned Judicial Magistrate, 1st class, Civil Court, Hazaribagh by order dated 27.11.2014, which was subsequently affirmed in appeal by the learned District & Additional Sessions Judge-XI, Hazaribagh. 8. It appears that I.A. No. 1746 of 2017 has been filed stating that the matter has been compromised between the parties. It further appears that the opposite party no. 2 does not have any grievance as his grievance has been redressed by the petitioner. 9. Since the matter has been compromised between both the parties and on the basis of the compromise so effected, this application is allowed and the impugned judgment and order dated 27.11.2014, passed by the learned Judicial Magistrate, 1st class, Civil Court, Hazaribagh in C. Case No. 405/09, T.R. No. 239/14, whereby and whereunder the petitioner has been convicted for the offence under section 138 of N.I. Act and has been sentenced to undergo R.I. of one year as also to pay the compensation of Rs.2,75,000/- to the opposite party no. 2 and the order dated 15.3.2016, passed in Cr. Appeal No. 155 of 2014 by the learned District & Additional Sessions Judge-XI, Hazaribagh, by which order of conviction and sentence, passed by the learned trial court has been affirmed, are set aside.