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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY PRASAD, J
Soni Devi Wife Of Pradeep Kumar Prajapati – Appellant
Versus
State Of Jharkhand – Respondent
ORDER :
SANJAY PRASAD, J.
I.A. No.1539/2025
This Criminal Revision Application has been filed on behalf of the petitioner challenging the judgement dated 09.12.2024 passed in Criminal Appeal No.267 of 2024 by Sri Diwakar Pandey, learned Judicial Commissioner, Ranchi by which the appeal filed on behalf for the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 12.07.2024 passed in Complaint Case No.1702 of 2023 by Sri Raj Kumar Pandey, the J.M. 1st Class-XXIV by which the petitioner has been convicted for the offence under Section 138 of Negotiable Instrument Act, 1881 and sentenced to undergo Simple Imprisonment for one year and to pay the fine of Rs.12,00,000/- (Rs. Twelve Lakhs) as the compensation under Section 373(3) of Cr.P.C .
2. I.A. No.1539 of 2025 has been filed on behalf of the petitioner for grant of bail to the petitioner, during pendency of the Criminal Revision Application.
3. Learned counsel for the petitioner has submitted that the impugned judgments and sentence passed by learned Court below are illegal and not sustainable in the eye of law. It is submitted that that the petitioner has already deposited Rs.2,40,000/- (
Provisional bail can be granted during the pendency of a revision application when the accused is willing to settle the dispute and has been in custody for an extended period.
The court affirmed the conviction under Section 138 of the N.I. Act, emphasizing the necessity of compensation and the legal obligation of cheque issuance.
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 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.
The court emphasizes the importance of a claimant's conduct in relation to loan agreements and considers custody duration in granting bail under the Negotiable Instruments Act.
Provisional bail can be granted where the accused has been in custody for an extended period, especially in cases involving personal relationships and absence of the complainant, balancing personal l....
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