Binod Kumar Jha vs State Of Jharkhand And Others

Anubha Rawat Choudhary, J

Advocate is present.

Nobody appears on behalf of the opposite party no.2.

This criminal revision application has been filed against the order and judgment dated 17.09.2008 passed in Criminal Appeal No.117/07 by the learned Additional Judicial Commissioner XVIIIth, Ranchi whereby the learned appellate authority held the petitioner/appellant guilty of the charges u/s 138 of N.I. Act and affirmed the conviction order dated 21.05.2007 passed by learned Judicial Magistrate, Ranchi in Complaint Case No.187/03/T.R. No.895 /07. The learned trial court sentenced the petitioner to undergo S.I of 3 months u/s 138 N.I. Act and directed to pay Rs.5,000/- as a compensation to complainant as per provision laid down u/s 357 Cr.P.C.

Learned counsel for the petitioner submits that one Interlocutory application being I.A. No.2706 of 2009 has been filed in the present case which is in the nature of joint compromise petition as the parties have settled the case outside the court and they are immediate neighbours. He submits that a prayer has been made in the joint compromise petition to accept the same and the petitioner/accused be acquitted and the sentence of fine be also set aside.

The learned counsel for the State Ms. Nehala Sharmin, appears in the present case. She submits that if a joint compromise petition has been filed and is on record, then the case may be disposed of and as the matter is between the petitioner and the opposite party no.2 and the conviction is under Section 138 of Negotiable Instruments Act. She further submits that she does not have any objection if the conviction as well as the sentence of the petitioner is set aside pursuant to the compromise entered into between the parties.

After hearing the learned counsel for the parties, this Court finds that I.A. No.2706 of 2009 is on record which is filed by way of a joint compromise petition and an affidavit of the complainant as well as the petitioner is on record. As the parties have settled their dispute outside the Court, the present criminal revision petition is disposed of in terms of the compromise and accordingly the judgment of conviction and sentence of the petitioner passed in Complaint Case No.187/03/T.R. No.895 /07 dated 21.05.2007 by the learned Judicial Magistrate, Ranchi as well as the order and judgment dated 17.09.2008 passed in Criminal Appeal No.117/07 by the learned Additional Judicial Commissioner XVIIIth, Ranchi are hereby set aside.

Accordingly, I.A. No.2706 of 2009 as well as the present criminal revision petition is hereby disposed of in terms of compromise.

The petitioner is discharged from his liabilities under the bail bond furnished by him.

The office is directed to send back the lower court records to the court concerned.

Let this order be communicated to the learned court below through 'FAX/ e-mail'.