Om Prakash Singh, Son of Late Sabhajeet Singh v. State of Jharkhand
2025-03-03
SANJAY PRASAD
body2025
DigiLaw.ai
JUDGMENT : SANJAY PRASAD, J. This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 22.07.2024 passed by Ms. Namita Chandra, learned Sessions Judge-VI, East Singhbhum, Jamshedpur in Cr. Appeal No.57 of 2024 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 22.02.2024 passed by Sri Rajendra Prasad, Judicial Magistrate, Ist Class, Jamshedpur in Complaint Case No.1597 of 2018 by which the petitioner has been convicted for the offences under Section 420 and 406 of IPC and sentenced him to undergo S.I for two years and pay the fine of Rs.5,000/- for the offence under Section 420 IPC and S.I for two years for the offence under Section 406 IPC . 2. It appears that vide order dated 03.10.2024 passed by the Co-ordinate Bench (Justice Ratnaker Behngra as His Lordship then was) of this Court had exempted the petitioner from surrendering before the learned Court below subject to the condition that he will deposit a Demand Draft of Rs.7,00,000/- in the name of the O.P. No.2 namely Upendra Prasad Verma in the office of the learned Registrar General. 3. It appears that the petitioner had deposited Demand Draft No.220973 dated 24.01.2025 for Rs.7,00,000/- before the learned Registrar General on 27.01.2025. 4. It appears that the said order dated 03.10.2024 was further continued by interim order dated 02.12.2024 passed by Co- ordinate Bench (Hon’ble Mr. Justice Rajesh Kumar) of this Court and the petitioner was directed to execute bond to the satisfaction of Presiding Officer within four weeks from the date of the order i.e. 02.12.2024. 5. When the matter was on 24.02.2025, the learned counsel for the O.P. No.2 has prayed for time to seek instruction on the point of compromise. 6. It appears that the O.P. No.2 has filed I.A. No.2498 of 2025 on 25.02.2025 for release of Demand Draft of Rs.7,00,000/- drawn in favour of the O.P. No.2 with undertaking not to pursue litigation against the petitioner. 7. Paragraph No.1 to 10 of the I.A. No.2498 of 2025 read as follows:- “ Para:-1 .
6. It appears that the O.P. No.2 has filed I.A. No.2498 of 2025 on 25.02.2025 for release of Demand Draft of Rs.7,00,000/- drawn in favour of the O.P. No.2 with undertaking not to pursue litigation against the petitioner. 7. Paragraph No.1 to 10 of the I.A. No.2498 of 2025 read as follows:- “ Para:-1 . That this Interlocutory application is being filed with a prayer to release the demand draft of Rs.7,00,000/- (Rupees Seven Lakhs) drawn in favour of the Opposite Party No.2 deposited in the office of Registrar General of this Hon’ble Court by the Petitioner in compliance order dated 03.10.2024 passed in I.A. No.8944 of 2024 (in Criminal Revision No.1149 of 2024), the Opposite Party No.2 hereby undertakes not to pursue the litigation against the Petitioners any further; And/ Or The Appellant further prays for issuance of any other order(s)/direction(s) as your Lordships may deem fit and proper in the interest of justice. Para-2 :-That the Opposite Party No.2 has not preferred any interlocutory application save and except I.A. No.13719/2024 which is pending for adjudication before this Hon’ble Court, save and except the same the Opposite Party No.2 has not moved earlier before this Hon’ble Court with the self-same reliefs or any other reliefs. Para-3 :- That it is stated and submitted that the connected revision application has been preferred by the petitioner against the order and judgment dated 22.07.2024 passed in Criminal Appeal No.57 of 2024 whereby the appeal preferred by the Petitioner against the judgment dated 22.02.2024 passed in Complaint Case No.1597/2018 has been dismissed and the judgment passed in the complaint case has been upheld. Para-4 :- That it is humbly stated and submitted that Petitioner had filed an I.A being I.A. No.8944 of 2024 under Rule 159 of Jharkhand High Court Rules 2001 for granting exemption from surrender in the Learned Court Below as the Petitioner is ready to deposit the entire amount in favour of Opposite Party No.2.
Para-4 :- That it is humbly stated and submitted that Petitioner had filed an I.A being I.A. No.8944 of 2024 under Rule 159 of Jharkhand High Court Rules 2001 for granting exemption from surrender in the Learned Court Below as the Petitioner is ready to deposit the entire amount in favour of Opposite Party No.2. Para-5 :- That it is humbly stated and submitted that this Hon’ble Court vide order dated 03.10.2024 passed in I.A. No.8944 of 2024 while allowing the interlocutory application filed by the Petitioner directed the petitioner to deposit a demand draft of Rs.7,00,000/- (Rupees Seven Lakhs) in the Office of Registrar General of this Hon’ble Court, by way of demand draft in the name of the Opposite Party No.2, namely, Upendra Prasad Verma within two weeks from the date of the order. Para-6 :-That it is humbly stated and submitted that the Petitioner in compliance of the said order has already deposited the demand draft of Rs.7,00,000/- (Rupees Seven Lakhs) drawn in favour of the Opposite Party No.2 before the Registrar General of this Hon’ble Court. Para-7 :- That it is humbly stated and submitted that thereafter vide order dated 02.12.2024 passed in the instant matter the instant revision application of the Petitioner has been admitted and Lower Court records have been called for. Para-8 :-That in the aforesaid facts and circumstances, the Opposite Party No.2 prays that the demand draft deposited by the Petitioner of Rs.7,00,000/- (Rupees Seven Lakhs) drawn in favour of the Opposite Party No.2 before the Registrar General of this Hon’ble Court in compliance of the order dated 03.10.2024 passed in I.A. No.8944 of 2024, be released in favour of the Opposite Party No.2. Para-9 :-That it is stated and submitted that if the said demand draft deposited by the petitioner is allowed to be released in favour of the Opposite Party No.2, the Opposite Party No.2 hereby undertakes not to pursue the litigation with the Petitioner any further. Para-10 :-That it is stated and submitted that the Opposite Party No.2 hereby undertakes not to pursue further litigation with the Petitioner if the prayers made in this interlocutory application by the Opposite Party No.2 is allowed.” 8.
Para-10 :-That it is stated and submitted that the Opposite Party No.2 hereby undertakes not to pursue further litigation with the Petitioner if the prayers made in this interlocutory application by the Opposite Party No.2 is allowed.” 8. Learned counsel for the petitioner submitted that he has no objection if the Demand Draft of Rs.7,00,000/- (Rs.Seven Lakh) be handed over to the O.P. No.2 which has been deposited before the learned Registrar General and this Revision Application may be allowed. 9. On the other hand, learned APP has raised no objection. 10. Learned counsel for the O.P. No.2 also admitted the factum of compromise and submitted that the O.P. No.2 will not pursue the case against the petitioner any further after receipt of the said Demand Draft of Rs.7,00,000/- (Rs.Seven Lakh) and the case has been compromised between the petitioner and the O.P. No.2. 11. It appears that the matter between the petitioner and the O.P. No.2 has been settled and O.P. No.2 has got no grievance against the petitioner. 12. In the light of the averments made in I.A. No.2498 of 2025 at Para no.1 to 10 and also in view of the submission made by the parties, the impugned judgment dated 22.07.2024 passed by Ms.. Namita Chandra, learned Sessions Judge-VI, East Singhbhum, Jamshedpur in Cr. Appeal No.57 of 2024 and the judgment of conviction and order of sentence dated 22.02.2024 passed by Sri Rajendra Prasad, Judicial Magistrate, Ist Class, Jamshedpur in Complaint Case No.1597 of 2018, are set aside and the petitioner namely Om Prakash Singh is acquitted for the offence under Section 406 and 420 of IPC and the petitioner-Om Prakash Singh is discharged from the liability of bail bonds. 13. The learned counsel for the O.P. No.2 is directed to obtain the said Demand Draft of Rs.7,00,000/- (Rs.Seven Lakhs) in the name of O.P. No.2 from the office of the learned Registrar General in presence of the O.P. No.2 after filing an appropriate application. 14. The learned Registrar General is directed to release the said amount to the O.P. No.2 in presence of his counsel on proper verification. 15. Thus, Cr. Revision No.1149 of 2024 is allowed and stands disposed of. 16. Pending Interlocutory Application, if any, stands disposed of. 17. Let a copy of this order be sent to the office of learned Registrar General for the needful.