Raghubar Choubey vs State of Jharkhand And Anr

The revision is directed against the judgment dated 08.01.2021, passed in Criminal Appeal No. 232 of 2019 by the learned Sessions Judge, East Singhbhum, Jamshedpur affirming the judgment dated 20.08.2019, whereby the petitioner has been found guilty and convicted for the offence under Section 138 of the Negotiable Instrument Act, by the court of the learned Judicial Magistrate, First Class, Jamshedpur in C/1 Case No. 94 of 2013 and ordered to pay fine as compensation to the tune of Rs.6,25,000/- (Rupees Six lakhs Twenty Five thousand only), in default thereof, to suffer simple imprisonment of 6 months.

Learned counsel for the petitioner has submitted that during the pendency of this revision application, on the intervention of friends, well-wishers and relatives, both the parties have amicably settled and compromised the matter. In terms of the settlement (Annexure-1 of I.A. No. 1464 of 2021) arrived at between the parties, the petitioner has paid Rs.3,25,000/- (Rupees Three lakhs Twenty Five thousand only) to Opposite Party No.02 and undertakes to pay the remaining amount of Rs.3,00,000/- (Rupees Three lakhs) in installments of Rs.1,50,000/- (Rupees One lakh Fifty thousand) within the next three months and the next instalment of Rs.1,50,000/- (Rupees One lakh Fifty thousand) within one month thereafter.

Accordingly, prayer has been made to quash and set aside the judgments of the courts below.

Learned counsel for Opposite Party No.02 has not disputed the fact that the parties have amicably settled and resolved the dispute and that since O. P. No. 2's grievance has been redressed in terms of the settlement accordingly he does not want to proceed further with the prosecution of the case.

Heard. Considering, the fact, that both the parties have amicably settled the matter and since O. P. No. 2 has agreed to the terms and conditions of the settlement as arrived at between the parties vide Annexure-1, and the offence under Section 138 of the N. I. Act is compoundable, accordingly, the compromise is allowed. Taking into account that both the parties have amicably resolved the dispute therefore continuation of proceeding in the case will only be an exercise in futility and an abuse of the process of Court. Thus, in the interest of justice, the judgment dated 08.01.2021, passed in Criminal Appeal No. 232 of 2019 by the learned Sessions Judge, East Singhbhum, Jamshedpur and the judgment dated 20.08.2019, passed by the court of learned Judicial Magistrate, First Class, Jamshedpur in C/1 Case No. 94 of 2013 are, hereby, quashed and set aside,

In the result, the petitioner is acquitted of the charge under Section 138 of the N.I Act in terms of the joint compromise entered into between the parties.

As a result, I.A. No. 1464 of 2021 and this Criminal revision stand allowed.