Research › Search › Judgment

Jharkhand High Court · body

2025 DIGILAW 444 (JHR)

Md. Abid v. State of Jharkhand

2025-02-14

SANJAY PRASAD

body2025
JUDGMENT : SANJAY PRASAD, J. I.A. No. 10781 of 2024 The present Criminal Revision has been filed by the petitioner challenging the judgment dated 06.01.2024 passed in Criminal Appeal No. 42 of 2023 by the learned Principal District and Sessions Judge, Ramgarh by which learned Principal District and Sessions Judge, Ramgarh has dismissed the Criminal Appeal No. 42 of 2023 by affirming the judgment of conviction and order of sentence dated 06.07.2023 passed by Sri Khalid Rasheed Ali Ahmad, Judicial Magistrate, 1 st Class, Ramgarh in connection with Complaint Case No. 1571 of 2013 by which the petitioner has been convicted for the offence under Section 138 of the N. I. Act and sentenced to undergo for a period of eighteen (18) months and further directed to payRs. 5,60,000/- as compensation under Section 357 (3) of the Cr. P. C. 2. I.A. No. 10781 of 2024 has been filed on behalf of the petitioner under Rule 159 of the Jharkhand High Court, 2001 for exempting him from surrender before the learned Court below. 3. Heard learned counsel for the petitioner and learned counsel for the State. 4. It is submitted by the learned counsel for the petitioner that the petitioner has deposited the compensation amount of Rs. 5,60,000/- . It is submitted that Rs. 2,80,000/- by way of Demand Draft in the name of the opposite party no. 2 had been deposited in the learned Court below and Rs. 1,12,000/- in the learned Court below and Rs. 1,68,000/- has also been deposited by way of Demand Draft in the name of the opposite party no. 2 in the office of the learned Registrar General of this Court. It is submitted that he has no objection, if the opposite party no. 2 is allowed to take the said amount. It is further submitted that the petitioner is ready to settle the dispute with the opposite party no. 2 and as such, in the interest of justice, the petitioner may be exempted from the surrender in the learned Court below. 5. Learned counsel for the State raised no objection for exemption from surrendering in the learned Court below. 6. It appears from the record that the petitioner has deposited the compensation amount of Rs. 5,60,000/- i.e Rs. 2,80,000/- by way of Demand Draft in the name of the opposite party no. 5. Learned counsel for the State raised no objection for exemption from surrendering in the learned Court below. 6. It appears from the record that the petitioner has deposited the compensation amount of Rs. 5,60,000/- i.e Rs. 2,80,000/- by way of Demand Draft in the name of the opposite party no. 2 on 17.10.2024 before the learned Court below i.e. the Court of Sri Rohit Kumar, Vacation Magistrate, Ramgarh and Rs. 1,12,000/- in the learned Court below on 26.08.2023 and the photocopies of the order dated 1710.2024 and receipt dated 26.08.2023 have been produced by the leaned counsel for the petitioner and let the same be kept on record. 7. It further appears that the petitioner has also deposited Rs. 1,68,000/- on 28.01.2025 by way of Demand Draft in the name of the opposite party no. 2 in the office of the learned Registrar General of this Court. 8. Thus, it appears that the petitioner has deposited the entire compensation amount of Rs. 5,60,000/- , which was the amount of compensation under Section 138 of the N. I. Act. 9. It also appears that despite service of notice, the opposite party no. 2 has not appeared. 10. Under the circumstances and considering the submission of the learned counsel for the petitioner and the learned counsel for State and also in light of the provisions of Rule 159 of the High Court of Jharkhand Rules, 2001, the petitioner is exempted from surrendering in the learned Court below. 11. Accordingly, I.A. No. 10781 of 2024 is allowed and stands disposed of. 12. Let a copy of this order be sent to the office of learned Registrar General, Jharkhand High Court, Ranchi and to the learned Court below by FAX for the needful. Cr. Revision No. 230 of 2024 13. Issue fresh notice to the opposite party no. 2 as to why this Criminal Revision Application may not be admitted and/or disposed of at the admission stage itself and for which requisites etc. under registered cover with A/D and ordinary process must be filed within two weeks from today failing which this Criminal Revision Application shall stand dismissed without further reference to the Bench. 14. Scanned copy of the Lower Court Records have already been received. 15. Put up this case on 30.04.2025.