Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. No.812 of 2015 Ram Kumar Rai @ R. K. Rai, S/o Indradev, R/o Qr. No.104, A.N.2, New Ranikudar, Kadma, P.O. & P.S. - Kadma, Town - Jamshedpur, District - East Sinbhbhum ...… Petitioner Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA --------- For the Petitioner : Mr. Indrajit Sinha, Mr. Arpan Mishra & Mr. Amitabh Prasad, Advocates For the State : A.P.P For the Complainant : Mr. Bibhash Sinha, Advocate --------- th 05/Dated:
11. September, 2015 I.A. No.4980 of 2015 The instant interlocutory application has been filed on behalf of the petitioner with a prayer to exempt the petitioner from surrendering in the court below.
2. Learned counsel, for the petitioner, has submitted that the petitioner and the complainant, Baidyanath Singh have compromised the case. He has also referred to the decision in the case of Vivek Rai & Anr. Vs. High Court of Jharkhand through Registrar General & Ors. in a writ petition (Criminal) No.61 of 2012 and submitted that Supreme Court has held that “the Rule does not affect the inherent power of the High Court to exempt the requirement of surrender in exceptional situation”. Learned counsel, for the complainant, has not disputed the fact that the parties have filed a joint compromise application by way of I.A. No.4981 of 2015.
3. Considering the fact that the parties have amicably settled the matter and have filed a joint compromise petition to that effect, the petitioner is exempted from filing the surrender certificate and Rule 159 of the High court of Jharkhand Rules, is hereby waived.
4. Accordingly, I.A. No.4980 of 2015 stands allowed. Cr. Revision. No.812 of 2015 This Criminal Revision Application has been preferred against the judgment and order dated 09.04.2015, passed in Cr. Appeal No.269 of 2013 whereby, the learned Additional Sessions - 02 - Judge - II, Jamshedpur, while dismissing the appeal has modified the judgment and order of conviction and sentence dated 18.09.2013 passed by the learned Judicial Magistrate 1 st Class, Jamshedpur and sentenced the petitioner to undergo S.I for two months and to pay Rs.1,25,000/- by way of compensation to the complainant under the provisions of Section 357(3) of the Cr.P.C.
2. Brief facts of the case are that the the petitioner, Ram Kumar Rai and the complainant, Baidyanath Singh were on friendly terms and both were well known to each other. It is alleged that in liquidation of outstanding dues of friendly loan, the petitioner had issued two cheques for Rs.60,000/- each in favour of the complainant, but when the said cheques were presented before the bank for encashment by the complainant, the said cheques were dishonoured by the bank due to 'Insufficient Fund' in the account of the drawer, whereafter the complainant sent a legal notice to the petitioner on 13.10.2008, but even after service of notice, the petitioner did not make payment to the complainant. Subsequently, a complaint Case bearing C/1 Case No.2018 of 2008 was filed before the learned Chief Judicial Magistrate, Jamshedpur, as the payment of was not made to the complainant by the petitioner. After enquiry, cognizance was taken under Section 138 of the N.I. Act and the case was transferred to the court of learned Judicial Magistrate, 1st Class, Jamshedpur. The Judicial Magistrate, 1st Class, Jamshedpur on the basis of the evidence and material available on record, found the petitioner guilty for the offence under Section 138 of N.I. Act and sentenced him to undergo S.I for three months and to pay Rs.1,25,000/- by way of compensation to the complainant under the provisions of Section 357(3) of the Cr.P.C, which was modified in appeal by the learned Additional Sessions Judge - II, Jamshedpur by the aforesaid impugned order.
3. Learned counsel, for the petitioner has submitted that the parties have settled their disputes outside the court and they have filed an agreement to this effect, with the I.A No.4981 of 2015, according to which the complainant has received Rs.35,000/- on 26.03.2014, Rs.30,000/- on 30.01.2015 and Rs.65,000/- on 01.09.2015 and has compromised the case. The complainant has now no grievance against the petitioner. It has further been submitted that the order dated 09.04.2015 passed by the - 03 - learned Additional Sessions Judge - II, Jamshedpur in Cr. Appeal No.269 2013 and order dated 18.09.2013, passed by the learned Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No.2018 of 2008 (T.R. No.777 of 2013) be quashed in view of the fact that the parties have willingly compromised the case outside the court. It has also been submitted that in view of the compromise and considering the fact that the offence under Section 138 of the Negotiable Instruments Act, is compoundable in nature, the offence be allowed to be compounded.
4. Learned counsel, for the complainant, has admitted that both the parties have amicably settled the dispute and the compromise has been consented to by the complainant and joint compromise petition has been filed by way of interlocutory application. That the complainant has no grievance against the petitioner and he does not want to proceed with the case 5. Admittedly, the complainant and the petitioner have resolved the dispute by amicably settling the matter and considering that the offence under Section 138 of the Negotiable Instruments Act is compoundable in nature as such, the compromise between the parties is accepted and the offence is allowed to be compounded. Thus for the ends of justice and to prevent the abuse of the process of court, the impugned order and judgment dated 09.04.2015 passed by the learned Additional Sessions Judge - II, Jamshedpur in Cr. Appeal No.269 2013 and order dated 18.09.2013, passed by the learned Judicial Magistrate, 1 st Class, Jamshedpur in C/1 Case No.2018 of 2008 (T.R. No.777 of 2013) are hereby, set aside. Consequently, the petitioner above named is acquitted of the accusation and he is discharged from the liabilities of the bail bonds.
6. In the result the Cr. Revision application, as well as the aforesaid Interlocutory Application No.4981 of 2015 are, hereby, allowed. (AMITAV K. GUPTA, J.) Chandan/-