Vishwanath Kumar Singh vs The State of Jharkhand

Mr. Rongon Mukhopadhyay, J.—I.A. No. 2541 of 2016.

This interlocutory application has been filed by the petitioner Under Rule 159 of Jharkhand High Court Rules, seeking exemption from surrender on the basis of compromise arrived at between the parties.

It has been submitted by the learned counsel for the petitioner that a compromise has been arrived at after the conviction of the petitioner and its subsequent confirmation in appeal.

With regard to the fact that the matter has been compromise between both the sides, this application is allowed and the petitioner is exempted from surrendering.

I.A. stands disposed of.

Cr. Revision No. 493 of 2016

This application has been preferred by the petitioner against the judgment dated 07.10.2015 passed by Sri Shambhu Lal Sao, learned Judicial Commissioner, VIth, Ranchi in Criminal Appeal No. 209/2014 whereby and where under the appeal preferred by the petitioner against the judgment and order of conviction and sentence dated 14.11.2014 passed by Manoj Kumar Sharma, Judicial Magistrate 1st Class, Ranchi in Complaint Case No. 192/12 has been dismissed.

Initially a complaint case was instituted by the opposite party no. 2 in which an allegation was made that a loan of Rs. 3,10,000/- (Rupees Three Lac Ten Thousand only) was given to the petitioner by the opposite party no. 2 pursuant to the agreement dated 16.01.2010. However, subsequently the petitioner had returned an amount of Rs. 10,000/- (Rupees Ten Thousand only) in cash and cheque of Rs. 3,00000/- (Rupees Three lacs only) vide cheque no. 500739, which however, got dishonoured, leading to the institution of the complaint case.

In course of trial in complaint case no. 192/12, the learned Judicial Magistrate 1st Class, Ranchi vide judgment dated 14.11.2014 was pleased to convict the petitioner for the offence punishable under section 138 of the Negotiable Instrument Act and sentenced him to undergo Simple Imprisonment for one year as also to pay compensation of Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand only).

During the pendency of the trial an amount of Rs. 60,000/- (Rupees Sixty Thousand only) out of a total amount of Rs. 3,10,000/- (Rupees Three Lac Ten Thousand only) had already been returned back to the opposite party no. 2. Learned counsel for the petitioner submits that at the initial stage of trial an amount of Rs. 60,000/- (Rupees Sixty Thousand only) had already been returned back to the opposite party no. 2 and after the judgment was passed the rest amount of Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand only) has already been paid by the petitioner to the opposite party no. 2. It has been submitted by the learned counsel for the petitioner that since the matter has been compromised between both the sides the order passed in Criminal Appeal No. 209/2014 dated 07.10.2015 as well as conviction and sentence dated 14.11.2014, be set aside.

Learned counsel for the opposite party no. 2 has accepted the factum of compromise and submitted that opposite party no. 2 has received Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand only) from the petitioner and at the behest of the well wishers good relationship has been restored between both the sides.

In view of the fact that the compromise has been effected between both the sides by returning rest of the amount of Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand only) by the petitioner to the opposite party no. 2 and good relationship has been restored between both the sides, I am inclined to allow this application. Accordingly, this application stands allowed and the impugned judgment dated 07.10.2015 passed by Sri Shambhu Lal Sao, learned Judicial Commissioner, VIth, Ranchi in Criminal Appeal No. 209/2014 is hereby set aside on the basis of compromise arrived at between the parties.

This application stands allowed.

Pending I.A. also stands disposed of.