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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Om Prakash Singh, Son of Late Sabhajeet Singh – 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 22.07.2024 passed by Ms. Namita Chandra, learned Sessions Judge-VI, East Singhbhum, Jamshedpur in Cr. Appeal No.57 of 2024 by which the appeal filed on behalf of the petitioner has been dismissed thereby affirming the judgment of conviction and order of sentence dated 22.02.2024 passed by Sri Rajendra Prasad, Judicial Magistrate, Ist Class, Jamshedpur in Complaint Case No.1597 of 2018 by which the petitioner has been convicted for the offences under Section 420 and 406 of IPC and sentenced him to undergo S.I for two years and pay the fine of Rs.5,000/- for the offence under Section 420 IPC and S.I for two years for the offence under Section 406 IPC .
2. It appears that vide order dated 03.10.2024 passed by the Co-ordinate Bench (Justice Ratnaker Behngra as His Lordship then was) of this Court had exempted the petitioner from surrendering before the learned Court below subject to the condition that he will deposit a Demand Draft of Rs.7,00,000/- in the name of the O.P. No.2 namely Upendra Prasad Verma in the office of the learned Registrar General.
3.
Compromise between parties can lead to acquittal and reversal of conviction under IPC sections 420 and 406.
A compromise between parties in a criminal case can lead to the acquittal of the accused if the settlement is accepted by the court.
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.
The court ruled that full compliance with compensation orders allows for exemption from surrender, affirming prompt settlement can influence judicial leniency.
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 granted provisional bail to the petitioner based on the circumstances of the case and custody status, requiring a deposit of Rs. 1,00,000/- as a condition.
The court granted bail during a pending criminal revision considering the petitioner's custody duration while imposing conditions to prevent future offenses.
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 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.
The court held that prolonged custody and failure to comply with bail conditions necessitate a reevaluation of bail eligibility under statutory requirements.
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