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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Md. Abid – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
I.A. No. 10781 of 2024
The present Criminal Revision has been filed by the petitioner challenging the judgment dated 06.01.2024 passed in Criminal Appeal No. 42 of 2023 by the learned Principal District and Sessions Judge, Ramgarh by which learned Principal District and Sessions Judge, Ramgarh has dismissed the Criminal Appeal No. 42 of 2023 by affirming the judgment of conviction and order of sentence dated 06.07.2023 passed by Sri Khalid Rasheed Ali Ahmad, Judicial Magistrate, 1st Class, Ramgarh in connection with Complaint Case No. 1571 of 2013 by which the petitioner has been convicted for the offence under Section 138 of the N. I. Act and sentenced to undergo for a period of eighteen (18) months and further directed to payRs. 5,60,000/- as compensation under Section 357 (3) of the Cr. P. C.
2. I.A. No. 10781 of 2024 has been filed on behalf of the petitioner under Rule 159 of the Jharkhand High Court, 2001 for exempting him from surrender before the learned Court below.
3. Heard learned counsel for the petitioner and learned counsel for the State.
4. It is submitted by the learned counsel for the petitioner that the petitioner has deposited the compensat
The court ruled that full compliance with compensation orders allows for exemption from surrender, affirming prompt settlement can influence judicial leniency.
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.
Compromise between parties can lead to acquittal and reversal of conviction under IPC sections 420 and 406.
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.
A compromise between parties in a criminal case can lead to the acquittal of the accused if the settlement is accepted by the court.
Provisional bail can be granted during the pendency of a criminal revision when the petitioner expresses willingness to settle the dispute and meets specified conditions.
The court ruled that a convicted individual may be granted bail after serving their sentence if circumstances justify such a decision.
Provisional bail granted under conditions, emphasizing readiness to settle and legality of prior judgments in conviction under Section 138 of the N.I. Act.
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