Rabindra Jaiswal vs State Of Jharkhand

Ratnaker Bhengra, J

Heard the learned counsels for the parties.

This criminal revision is directed against the judgment dated 13.04.2016 passed by the learned Additional Sessions Judge, VII, Jamshedpur in Cr. Appeal No. 69 of 2015, whereby and whereunder the learned appellate Court was pleased to dismiss the appeal and affirm the judgment of conviction and order of sentence dated 02.05.2015 passed by the learned Judicial Magistrate, First Class, Jamshedpur in connection with C/1 2891 of 2011 wherein the petitioner had been convicted under section 138 of the Negotiable Instruments Act and sentenced to go SI for one year and was further directed to pay compensation of Rs. 4,00,000/- to the complainant.

The case of prosecution is that the complainant has advanced financial assistance to the petitioner who promised to pay within a year and took loan without interest and when the loan amount accumulated to Rs. 2,60,000/- a post dated cheque for the same was issued so that the loan amount be refunded which was bounced due to insufficient fund in his account. The complainant approached the petitioner but he was found absent on his present address. Therefore, this case was lodged.

The learned counsel for the petitioner has submitted that vide order dated 2nd April, 2024, this matter was sent up for mediation and from the report of the mediation dated 20.4.2024 it appears that mediation is successful and the matter has been settled between the parties on certain terms regarding payment. As per mediation report, in two installments Rs. 1,25,000/- each total amount of Rs. 2,50,000/- has to be paid by the petitioner to the opposite party no.2 Ramanuj Kumar Singh.

The learned counsels appearing for the parties submit that the aforesaid amount of Rs. 2,50,000/- has been paid by the petitioner which has also been received by the opposite party no.2, namely, Ramanuj Kumar Singh and, therefore, no grievance is left out.

In view of above submissions, the judgment dated 13.04.2016 passed by the learned Additional Sessions Judge, VII, Jamshedpur in Cr. Appeal No. 69 of 2015 is set-aside.

Consequently, judgment of conviction and order of sentence dated 02.05.2015 passed by the learned Judicial Magistrate, First Class, Jamshedpur in connection with C/1 No. 2891 of 2011 is also set-aside.

In the result, Cr. Revision No. 644 of 2016 is allowed and disposed of.

IA(s) if any, stands disposed of.