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Judgment
12 paragraphs · 428 wordsRatnaker Bhengra, J
IA No. 10506 of 2024
When the matter is called out, the learned counsels for the parties are present.
This interlocutory application has been filed on behalf of the petitioner for exemption from surrender.
It is submitted that this criminal revision application has been filed against the judgment dated 25/06/2024 passed in Criminal appeal No. 04/2024 passed by Sri Alok Kumar Dubey Learned Principal and Sessions District judge Ramgarh and order/ judgment dated 12/12/2023 passed by Mrs. Smriti Tripathi learned Judicial Magistrate, 1st class, at Ramgarh in complaint Case No. 265/2019 whereby and whereunder the learned lower court convicted the petitioner under section 138 of the N.I Act and sentenced to undergo Simple imprisonment for two years and Compensation Rs. 5,00,000/- (five Lakhs) and in default of payment of fine he shall further undergo SI for 02 months, only without appreciating the material on records.
It is submitted that both the parties compromised outside the court on full and final payment of Rs. 3,90,000/- only (Rupees Three Lakhs ninety thousand only). Petitioner has already paid Rs.3,90,000/-(Rupees Three Lakhs ninety thousand only ) to opposite party No.2. It is submitted that Petitioner has given Rs.2,90,000/-( Rupees Two Lakhs ninety thousand only) through Demand draft on 19.09.2024, and Rs. 1,00,000/-(Rupees one lakh) has already been deposited before court below as per direction of appellate court.
The counsel further submits that photocopy of compromise paper with demand/bank draft is annexed as Annexure-1, series to this interlocutory application. It is further submitted that petitioner handed over the demand draft of Rs. 2,90,000/- dated 19.09.2024 to OP No.2 and OP No.2 deposited the same in his own SBI Bank account No. 32202938983, SBI Branch, at Tyre-more Ramgarh.
The learned counsel for the petitioner submits that accordingly, the entire dispute regarding payment to OP No.2 has thus been settled and resolved.
The learned counsel for OP No.2 does not object to the aforesaid submission.
In view of the submissions made, and the annexure attached indicating the payments, the dispute between the parties regarding payments of the aforesaid sums settled, the petitioner is exempted from surrender in the concerned learned Court.
Accordingly, IA No. 10506 of 2024 is allowed. Accordingly, the order/judgment dated 25.06.2024 passed in Criminal Appeal No. 04 of 2024 by the learned Principal and Sessions District Judge Ramgarh and the order/judgment dated 12/12/2023 passed in Complaint Case No. 265 of 2019 by the learned Judicial Magistrate, 1st class, Ramgarh are set aside.
In view of the above, Filing Cr Rev No. 19299 of 2024 is allowed and disposed of.