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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Satyendra Nath Dubey, S/o Indradeo Dubey – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgment dated 14.12.2022 passed by Sri Anil Kumar Mishra No.1, learned Sessions Judge, East Singhbhum, Jamshedpur in Cr. Appeal No.47 of 2022 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 15.03.2022 passed by Sri Mayank Maliyaz, Judicial Magistrate, Ist Class, Jamshedpur in Complaint Case No.2404 of 2016 (T.R. No.581 of 2022) by which the petitioner has been convicted for the offences under Section 138 of the N.I Act. However, learned Appellate Court has modified the sentence and the petitioner was directed to pay Rs.8,00,000/- to the complainant as compensation under section 357(3) of the Cr.P.C and in default of payment of compensation amount, he was further directed to undergo Simple Imprisonment for additional one month and the other sentence awarded to the petitioner remained unchanged.
Although Judicial Magistrate, Ist Class, Jamshedpur had convicted the petitioner for the offence under Section 138 of the N.I Act and sentenced him to undergo S.I for one year
In cases of compromise between the parties, a court may set aside a conviction under Section 138 of the N.I. Act if the complainant has no grievance against the accused.
A compromise between parties in a criminal case can lead to the acquittal of the accused if the settlement is accepted by the court.
The court allows compounding of offences under the Negotiable Instrument Act in personal disputes without public policy concerns, enabling parties to resolve matters amicably.
The power under Section 482 of the Code of Criminal Procedure can be exercised to secure the ends of justice, allowing for the compounding of the offence and quashing of judgments and orders.
The court allows the compounding of an offence under the Negotiable Instrument Act following a compromise between the parties, emphasizing the importance of justice and judicial efficiency.
The court ruled that full compliance with compensation orders allows for exemption from surrender, affirming prompt settlement can influence judicial leniency.
The court affirmed that compromises can be validly recognized in criminal cases under Section 138 of the Negotiable Instruments Act, allowing for quashing of proceedings.
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