Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Satyendra Nath Dubey, S/o Indradeo Dubey - Appellant
Vs.
State Of Jharkhand - Respondent
Cr. Revision No. 49 of 2023
Decided On : 25-02-2025
(A) Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code, 1973 - Section 357(3) - Conviction under Section 138 affirmed by Appellate Court with modified sentence requiring payment of compensation - Compromise reached between the parties with petitioner agreeing to pay Rs.5,50,000/- to the complainant - Judgment of conviction and sentence set aside in light of compromise. (Paras 1, 11)
(B) Compromise in Criminal Cases - When a compromise is reached between the parties, the court may set aside the conviction and acquit the accused if the complainant has no grievance against him. (Paras 3, 11)
Facts of the case:
The petitioner was convicted under Section 138 of the N.I. Act and sentenced to imprisonment and compensation. An appeal was dismissed, but a compromise was reached between the petitioner and the complainant, leading to the petitioner agreeing to pay a total of Rs.5,50,000/-.
Findings of Court:
The court acknowledged the compromise and set aside the judgments of conviction and sentence, acquitting the petitioner.
Issues: The main issue was whether the compromise between the parties warranted the setting aside of the conviction and sentence.
Ratio Decidendi: The court held that in cases of compromise, especially where the complainant has no grievance, it is appropriate to set aside the conviction and acquit the accused.
Result: Criminal Revision Application allowed.
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 and directed to pay Rs.1,00,000/- as compensation to the complainant under section 357(3) of Cr.P.C.
2. I.A. No. 12950 of 2024 has been filed on behalf of the petitioner as well as the O.P. No.2 by way of Joint Compromise Petition dated 03.12.2024.
3. Learned counsel for the petitioner submitted that the case has been compromised between the petitioner and O.P.No.2 and the petitioner has deposited a sum of Rs.5,00,000/- (Rs.Five Lakhs) in the Account of the learned Registrar General and Demand Draft of Rs.50,000/- (Rs.Fifty Thousand) is being paid to the learned counsel for the O.P. No.2 in Court. Hence, the impugned judgment dated 14.12.2022 passed by the learned Appellate Court and judgment of conviction and order of sentence passed by the learned Trial Court dated 15.03.2022 may be set aside and this Criminal Revision Application may by allowed.
4. Learned counsel for the O.P. No.2 has admitted the factum of compromise and accepted the Demand Draft of Rs.50,000/-. However, he submitted that a sum of Rs.5,00,000/- may be handed over by the office of learned Registrar General to him. It is further submitted that he has no grievance against the petitioner.
5. Learned APP for the State has raised no objection.
6. Heard learned counsel for both the sides and perused the I.A. No.12950 of 2024 (Joint Compromise Petition).
7. Paragraph No.5, 6 and 7 of the I. A. No.12950 of 2024 read as follows:-
“Para-5:- That the petitioner and the Opposite Party No.2 has entered into compromise outside the Hon’ble Court and as per the full and final settlement the Petitioner shall pay as sum of Rs.5,50,000/- (INR Five Lakhs Only) to the Opposite Party No.2 i.e., the Complainant).
Para-6:- That it is submitted that the Petitioner has already deposited a sum of Rs.5,00,000/- (INR Five Lakhs Only) before the Registrar General, High Court of Jharkhand, Ranchi in compliance of order dated 27th of June 2024. It is prayed that the sum of Rs.5,00,000/- (INR Five Lakhs Only) be released in favour of the Opposite Party No.2. The rest Rs.50,000/- (INR Fifty Thousand Only) will be handed over in the form of Demand Draft on the date the instant IA is listed.
Para-7:- That it is most humbly submitted that in light of the full and final settlement between the Petitioner and the Opposite Party No.2, the instant Criminal Revision be allowed and the Impugned Judgment be set aside.”
8. It appears that in the light of the order dated 27.06.2024 passed by the Co-ordinate Bench (Hon’ble Mrs.Justice Anubha Rawat Choudhary), the petitioner had deposited Rs.1,00,000/- each total Rs.5,00,000/- in the Account of learned Registrar General.
9. It also appears that the Co-ordinate Bench (Hon’ble Mrs. Justice Anubha Rawat Choudhary) vide order dated 27.06.2024 passed in this case, has exempted the petitioner f
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
