Binay Prasad vs State Of Jharkhand And Another

Sanjay Kumar Dwivedi, J

Learned counsel for the petitioner submits that the matter is arising out of section 138 of Negotiable Instrument Act and the petitioner has been convicted for SI for eight months and compensation of Rs.1,40,000/- and in default of fine the further direction is there as SI for six months for offence under section 138 of Negotiable Instruments Act passed in Complaint Case No.4790 of 2018 [T.R.No.231 of 2024] by the learned Judicial Magistrate First Class-XXVIII, Ranchi.

The learned counsel for the petitioner further submits that I.A. No.7493 of 2025 has been filed for condoning the delay of 59 days in preferring the instant petition. He further submits that in preparation for filing of the instant criminal revision petition, the said delay has occurred and the same may kindly be condoned.

Learned counsel for the respondent State has got no serious objection so far as the delay of 59 days is concerned.

Learned counsel for the complainant/ O.P.No.2 opposes the prayer and submits that there is no sufficient explanation for condoning the said delay.

Considering that the delay of 59 days occurred in filing of the present criminal revision petition and it has been pointed out that such delay has occurred in preparation for filing of the instant petition and as such, the Court finds that sufficient grounds have been made out for condonation of said delay, and as such, the delay of 59 days occurred in preferring the instant petition is hereby condoned and I.A. meant for condonation of delay is hereby allowed and disposed of.

Learned counsel for the petitioner further submits that I.A. No.7492 of 2025 has been filed for exemption from surrender before the learned court concerned. He next submits that at the time of filing of the appeal, the petitioner/appellant has already deposited Rs.28,000/- in the name of the complainant/O.P.No.2 in the form of Demand Draft. He next submits that pursuant to the order of the Coordinate Bench of this Court dated 3.7.2025, the petitioner has further deposited Rs.50,000/- in the form of Demand Draft and that is also in the name of the complainant/ O.P.No.2 before the Registrar General of this Court. He next submits that the matter is arising out of Section 138 of Negotiable Instruments Act and in view of the amount deposited, the petitioner may kindly be exempted from surrender before the learned court.

Mr. A.K. Kashyap, the learned Senior counsel appearing for the complainant/ O.P.No.2 submits that the said Demand Draft is required to be revalidated by the petitioner and the same may kindly be allowed to be withdrawn in favour of the complainant/ O.P.No.2.

In view of the above and considering that the matter is arising out of section 138 of Negotiable Instruments Act and the petitioner has already deposited the Bank Draft of Rs.50,000/- before the Registrar General of this Court and Rs.28,000/- has been deposited as aforesaid before the learned appellate court, however, the validity of the said Bank Draft(s) has already been expired and as such, the petitioner is directed to approach the Office of the Registrar General of this Court and the Registrar General will hand over the said bank draft to the petitioner and the petitioner will get it revalidated within two weeks and hand it over to the learned Senior counsel appearing on behalf of the complainant/ O.P.no.2 who, in turn, will hand it over to the complainant /O.P.no.2.

Learned counsel for the petitioner will also approach the learned appellate court for taking the said bank draft deposited in the appellate court for its revalidation and the learned appellate court shall hand over the said Bank Draft to the learned counsel appearing for the petitioner/appellant and he will get it revalidated within two weeks and hand it over to Mr. A.K. Kashyap, learned Senior counsel appearing for the complainant/ O.P.No.2 who, in turn, will also hand it over to the complainant/ O.P.No.2.

In view of above, it appears that the exceptional circumstance has been made out to exempt the petitioner in light of Rule 159 of the Jharkhand High Court Rules, 2001 and, as such, the petitioner, is hereby, exempted from surrender before the learned court concerned, and hence, the I.A. meant for exemption from surrender before the learned court is allowed and disposed of.

It is open to the learned Senior counsel for the complainant/ O.P.No.2 that if the aforesaid direction is not complied with by the petitioner-herein, he will file a proper petition before this Court.

Office will proceed further as per the procedure.