Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 1726 (JHR)

Manju Devi @ Manju Sahu v. State Of Jharkhand

2019-10-11

ANUBHA RAWAT CHOUDHARY

body2019
JUDGMENT Anubha Rawat Choudhary, J. - Heard learned counsel for the parties. 2. This application has been filed for the following relief: - "That this Criminal revision application is directed against the Judgement dated 5-7-08 passed in Cr. Appeal No. 112/07 by Shri S. H. Kazmi, Sessions Judge, East Singhbhum, Jamshedpur whereby and whereunder this sole petitioner has been convicted under section 138 of the Negotiable Instrument Act and the appeal so preferred by the petitioner has been dismissed which was preferred against the Judgement and order of conviction and sentence 17-5-07 passed by Shri S.D. Tripathy, Judicial Magistrate, Ist Class, Ghatsila in G.R. Case No. 186/05 whereby and whereunder this appellant/petitioner has been convicted for the offence under section 138 of the N.I. Act and has been sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 5000/- and in default to undergo further simple imprisonment for two months and further to pay compensation of Rs. 1 Lakhs to the informant." 3. Counsel for the petitioner submits that on 18.09.2019, the petitioner had submitted that he was ready to pay the cheque amount which was to the tune of Rs. 2 lakhs to the complainant by way of demand draft in favour of Opposite Party No. 2. 4. Counsel for the O.P. No. 2 on 18.09.2019 had agreed to accept the aforesaid amount of Rs. 2 lakhs by way of full and final settlement in connection with the criminal case relating to bouncing of cheque involved in this case. It was also submitted on 18.09.2019 by the counsel appearing on behalf of O.P. No. 2 that if the aforesaid amount of Rs. 2 lakhs was deposited by the petitioner before this court, he will have no grievance, if the impugned judgments are set-aside. 5. Today, the counsels appearing on behalf of the parties submit that a demand draft bearing No. 031106, drawn on Bank of India dated 03.10.2019 has been brought by the petitioner for being handed over to the opposite party No. 2 by way of full and final settlement of the case and the counsel appearing on behalf of O.P. No. 2 has verified the name, amount etc. which appears in the demand draft. A photo copy of the said demand draft has been furnished to this Court which is being kept in this file for record. 6. which appears in the demand draft. A photo copy of the said demand draft has been furnished to this Court which is being kept in this file for record. 6. Counsel for the parties jointly submit that in view of the fact that the petitioner has paid Rs. 2 lakhs and O.P. No. 2 has accepted the same by way of aforesaid demand draft, the impugned judgment dated 17-05-07 passed by the learned Judicial Magistrate, Ist Class, Ghatsila in G.R. Case No. 186/05 and the impugned judgment dated 05-07-08 by the learned Sessions Judge, East Singhbhum, Jamshedpur in Cr. Appeal No. 112/07 may be set-aside. 7. Counsel appearing on behalf of the State submits that as the parties have already entered into the settlement, he has no objection if the impugned judgments passed by the learned courts below, are set-aside. He further submits that the alleged offence involved in this case, is compoundable. 8. Considering the facts and circumstances of this case and on account of the fact that the petitioner as well as the opposite party No. 2 have settled the dispute and pursuant thereto the petitioner has handed over the aforesaid demand draft amounting to Rs. 2 lakhs to the counsel appearing on behalf of opposite party No. 2 and the opposite party No. 2 has duly accepted the same and has also agreed for setting aside of the impugned judgments, the impugned judgment dated 17-05-07 passed by the learned Judicial Magistrate, Ist Class, Ghatsila in G.R. Case No. 186/05 and the impugned judgment dated 05-07- 08 by the learned Sessions Judge, East Singhbhum, Jamshedpur in Cr. Appeal No. 112/07, are hereby set-aside as per the aforesaid settlement for an amount of Rs. 2 lakhs. 9. Accordingly, the instant revision application is hereby disposed of. 10. Let a copy of this order be communicated through ''FAX'' to the learned court below. 11. Let the Lower Court Records be remitted back to the court concerned.