Gunadhar Shaw vs State Of Jharkhand And Others

Rajesh Kumar, J

Heard learned counsel for the petitioner, learned A.P.P and learned counsel for the O.P. No.02.

It has been jointly submitted by the learned counsel for the parties that I.A. No.8810 of 2018 has been filed as joint compromise petition stating therein that the parties have settled their dispute out side the Court and the money has been transacted between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner. I.A. No.6661 of 2019 has been filed for granting exemption to the petitioner from surrender as the matter has been settled out side the court.

It has further been submitted by the learned counsel for the parties that the offence in question is compoundable as per Section 147 of the Negotiable Instruments Act, and since the matter has been compromised between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner, as such, the present revision application may be allowed by setting aside the judgment dated 08.09.2017, passed in Cr. Appeal No.93 of 2017, by the court of learned District & Additional Sessions Judge, Ghatshila, and the judgment and order of sentence dated 29.06.2017, passed by the court of learned Judicial Magistrate, 1st Class, Ghatshila, in C-1 Case No.157 of 2014 (Trial No.115 of 2017), whereby the petitioner has been found guilty and convicted for the offence under Section 138 of the Negotiable Instruments Act, and sentenced to undergo simple imprisonment of one year and to pay the compensation amount of Rs.5,00,000/- (Rupees five lakhs) to the complainant/ O.P. No.02.

Considering the arguments of the learned counsel for the parties and the fact that the offence is compoundable as per Section 147 of the N.I. Act and further, there is settlement arrived between the parties, accordingly the judgment dated 08.09.2017, passed in Cr. Appeal No.93 of 2017, by the court of learned District & Additional Sessions Judge, Ghatshila, and the judgment and order of sentence dated 29.06.2017, passed by the court of learned Judicial Magistrate, 1st Class, Ghatshila, in C-1 Case No.157 of 2014 (Trial No.115 of 2017), are, hereby, quashed and set aside. The petitioner is exempted from surrendering in the court below and acquitted of the offence under Section 138 of the N.I Act in terms of the compromise entered into between the parties.

In the result, the present revision application stands allowed and I.A. Nos.8810 of 2018 & 6661 of 2019 stand disposed off.