JHARKHAND HIGH COURT ISSUES ORDER KRISHNA SAHU V/S THE STATE OF JHARKHAND

RANCHI, India, Aug. 6 -- Jharkhand High Court issued the following order on July 9:

1. Heard both sides.

2. This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 17.07.2018 passed in Cr. Appeal No.133 of 2017 by learned Sessions Judge, East Singhbhum, Jamshedpur, whereby the appeal has been dismissed thereby affirming the judgment of conviction and order of sentence dated 15.09.2017 passed by Sri Shivendu Dwivedi, learned Judicial Magistrate 1st Class, Jamshedpur in connection with C/1 Case No.3298 of 2014 by which petitioner has been convicted for the offence Section 138 of N.I. Act and sentenced to under to S.I. for six months (6) and to pay the compensation of Rs.5,50,000/- to the complainant-O.P. No.2.

3. One supplementary-affidavit dated 21.08.2024 has been filed on behalf of the petitioner stating therein that case has been compromised between the petitioner and O.P. No.2 and in terms of compromise, the petitioner has transferred the amount of Rs.4,60,000/-(Four Lakh Sixty Thousand) through online mode in the account of opposite party no. 2, maintained in Bandhan Bank, Sakchi Branch, Jamshedpur.

4. However, it is also pointed out by the learned counsel for the petitioner that the petitioner has already deposited Rs.1,00,000/- (Rupees One Lakh) before the learned court below in compliance of order dated 03.10.2018 passed by Co-ordinate Bench (Hon'ble Mr. Justice Rongon Mukhopadhyay) of this Court at the time of furnishing bail bond and however, in view of the compromise, the amount of Rs.1,00,000/-(Rupees One Lakh) deposited by the petitioner before the learned Court below may be release in his favour by the learned court below.

5. It is submitted by the learned counsel for the petitioner that in view of compromise between the petitioner and O.P. No.2, impugned judgments and sentence may be set aside and this criminal revision may be allowed.

6. Learned counsel for the State has raised no objection.

7. Learned counsel for the O.P. No.2 has also not raised objection and has admitted the factum of compromise between the parties and submitted that O.P. No.2 has received Rs.4,60,000/- towards payment by way of onetime settlement and hence, O.P. No.2 has no grievance against the petitioner and necessary order may be passed.

8. Perused the record of this Criminal Revision Application and also supplementary-affidavit dated 21.08.2024 and also the agreement dated 24.07.2024 and the money receipts issued by the O.P. No.2 which are at page-15 and 16 of the said supplementaryaffidavit.

9. Supplementary-affidavit dated 21.08.2024 at paragraphs-4, 5, 6 and 8 read as follows. Para:- 4. It is stated and submitted that the matter of fact that during pendency of the present case both parties are agreed to settle their dispute outside the court for which an agreement or memorandum of an agreement was prepared on 04.07.2024 at Jamshedpur on non-judicial stamp between the parties in which the opposite party no.2 agreed to settle his dispute with the petitioner by virtue of pay Rs.4,60,000/- (Rupees Four Lacs and Sixty Thousand), the petitioner paid 1st Installment of Rs.1,00,000/- on 03.07.2024 through online into Bandhan Bank Account, Sakchi, Jamshedpur of O.P. No.2 (complainant), 2 nd Instalment was paid also through online on 03.07.2024 in the account of O.P. No.2 (complainant) Bandhan Bank Account, Sakchi, Jamshedpur, 3rd Instalment was paid also through online on 24.07.2024 in the account of O.P. No.2 (complainant) Bandhan Bank Account, Sakchi, Jamshedpur, thereafter the last instalment was also paid to the O.P. No.2 (complainant) through online on 07.08.2024 of Rs.1,00,000/- in the account of complainant (O.P. No.2) as per agreement the petitioner has paid total amount of Rs.4,60,000/- in the account of the complainant/O.P. No.2.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrJ1oazEHizPRI%2BQwSZKeKGdKazYwUuRXaU3MSpRe8xh4&caseno=Cr.Rev./1354/2018&cCode=1&cino=JHHC010294822018&state_code=7&appFlag=)

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