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MANMOHAN, DIPANKAR DATTA
Santosh Kumar Jha @ Santosh Jha – Appellant
Versus
State Of Jharkhand – Respondent
ORDER :
1. Leave granted.
2. This appeal is directed against the judgment and order dated 25th April, 2024 passed by the High Court of Jharkhand at Ranchi on Criminal Revision No. 202 of 2019.
3. The appellant was convicted by the trial court for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881[N.I. Act] and sentenced to simple imprisonment for 3 (three) months; also compensation of Rs. 1,18,000/- (Rupees one lakh eighteen thousand) was directed to be paid to the respondent no.2 (complainant). An appeal was carried before the sessions court, which failed. The appellant thereafter approached the High Court in revision but without success. By the impugned order, the revision came to be dismissed.
4. In the course of hearing of this appeal, we have been informed by Mr. Gaurav, learned counsel for the appellant and Mr. Surya Kant, learned counsel for the respondent no.2 that the parties have since settled their inter se disputes and differences and the terms of settlement have been reduced to writing in the form of 'Terms of Settlement', which is Annexure P-4 to the paper book. Money receipts bearing the signature of the respondent no.2 are also
Amicable settlement allows compounding of offenses under Section 138 of the Negotiable Instruments Act, leading to acquittal of the accused.
Offences under Section 138 of the Negotiable Instruments Act are compoundable under Section 147 of the same Act, and once a settlement is reached between the parties, courts may set aside the convict....
The court can set aside a conviction and sentence under the Negotiable Instruments Act based on a joint compromise petition and acknowledgment of receipt of the settlement amount by the complainant.
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