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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Hiralal Sahu @ Heeralal, son of Late Gobardhan Sahu – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. criminal revision against conviction under section 138 ni act on compromise grounds. (Para 1 , 2 , 3) |
| 2. parties effectuate compromise through compensation payments and draft revalidation. (Para 4 , 5 , 6 , 7 , 8) |
| 3. ni act offences compoundable prioritizing compensatory over punitive aspects per supreme court. (Para 9 , 10) |
| 4. conviction set aside, bail confirmed upon compounding and payment compliance. (Para 11 , 12 , 13 , 14 , 15) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Birendra Kumar, learned counsel appearing for the petitioner, Ms. Kumari Rashmi, learned counsel appearing for the State and Mr. Sanjay Kumar Pandey, learned counsel appearing for the complainant/opposite party no.2
2. This criminal revision petition has been filed for setting-aside the judgment dated 25.01.2025 passed by the learned Additional Judicial Commissioner-X, Ranchi in Criminal Appeal No.291/2024 (arising out of Complaint Case No.6856/2022), whereby, the learned appellate court has been pleased to dismiss the appeal filed by the petitioner and affirm the judgment of conviction and order of sentence dated 31.07.2024 passed by the learned Judicial Magistrate, 1st Class, Ranchi in Comp
Courts should encourage compounding of Section 138 NI Act offences under Section 147 upon settlement, prioritizing compensatory aspect over punitive, allowing acquittal post-conviction.
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