Rakesh Kumar vs State Of Jharkhand And Others

Rajesh Kumar, J

The present revision application is directed against the judgment dated 17.08.2019, passed in Cr. Appeal No.167 of 2018 by the court of learned

Sessions Judge, East Singhbhum at Jamshedpur, affirming the judgment and order of sentence dated 26.06.2018, whereby the petitioner has been

found guilty and convicted under Section 138 of the Negotiable Instruments Act, by the court of learned Judicial Magistrate, 1st Class, Jamshedpur, in

C/1 Case No.3055 of 2014 (T.R. No.51 of 2018). The petitioner has been sentenced to undergo simple imprisonment of three months and to pay the

fine of Rs.3,00,000/- (Rupees three lakhs only), out of which Rs.2,95,000/- was ordered to be paid as compensation to the complainant and rest

amount of Rs.5,000/- was to be appropriated to the State, in default thereof, to suffer S.I of six months.

It has been submitted by the learned counsel for the petitioner that since both the parties were ready to compromise and settle the dispute out side

the court, as such, vide order dated 08.04.2021 the petitioner was exempted from surrendering in the court below.

It has been submitted that in terms of the settlement, the entire amount of Rs.2,50,000/- (Rupees two lakhs and fifty thousand only) has already been

paid to O.P. No.02. This fact has been admitted by the learned counsel for O.P. No.02. It has further been submitted that the offence under Section

138 of the N.I. Act is a compoundable offence. On the above facts, prayer has been made to quash and set aside the judgments of the courts below.

Learned counsel appearing on behalf of O.P. No.02 has submitted that there is compromise between the parties. It has further been submitted that

O.P. No.02 has received the entire amount and he is agreed for compounding the offence.

Heard learned counsel for the parties. Since both the parties have settled their dispute outside the court and as per Section 147 of the N.I. Act, the

offence is compoundable in nature, hence the offence is compounded.

In view of the above facts and considering the provisions of law, the compromise is allowed and the judgment dated 17.08.2019, passed in Cr. Appeal

No.167 of 2018 by the court of learned Sessions Judge, East Singhbhum at Jamshedpur and the judgment and order of sentence dated dated

26.06.2018 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No.3055 of 2014 (T.R. No.51 of 2018), are, hereby,

quashed and set aside. The petitioner is 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 criminal revision stands allowed.