IN THE HIGH COURT OF JHARKHAND AT RANCHI Jaikishan Tamera … Petitioner -Versus-

1. The State of Jharkhand

2. Ajay Kumar Agarwal @ Ajay Kumar Agrawal … Opposite Parties -----

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI -----

For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Pankaj Kumar, P.P.

For O.P. No.2 : Mrs. Rakhi Rani, Advocate -----

04/08.12.2025 I.A. No.10813 of 2025 I.A. No.10813 of 2025 has been filed for condonation of delay of 221 days in filing the present criminal revision petition.

2. Learned counsel for the petitioner submit that the matter is arising under Section 138 of the Negotiable Instrument Act. He further submits that the petitioner has been convicted under Section 138 of the Negotiable Instrument Act and he has been sentenced to undergo S.I. for one year along with compensation amount of 5,50,000/- by the learned Judicial Magistrate, 1^st Class, Lohardaga in Complaint Case No.96/2020, T.R. No.549/2023 vide judgment dated 18.07.2023. He further submits that the said judgment has been challenged by the petitioner by filing Criminal Appeal No.94/2023 before the learned first appellate court, which has been dismissed by the learned Additional Sessions Judge-I, Lohardaga vide judgment dated 20.09.2024 and the judgment of the learned trial court has been affirmed. He then submits that the said delay has occurred in view of the fact that the communication was made to the petitioner belatedly. He also submits that the petitioner is in custody since 24.05.2025 i.e. more than six months. He further submits that he has been instructed that the petitioner is ready to compromise the matter and at present, he will pay 10% of the cheque amount to the complainant.

He submits that in view of that, the delay may kindly be condoned.

vehemently opposes the prayer of condonation of delay of 221 days and submits that the contention is misconceived and it cannot be believed that the petitioner was not knowing about the matter and in view of that, she submits that the delay may not be condoned.

4. In view of the above and considering that the petitioner is in custody since 24.05.2025 and the delay has occurred as communication was made belatedly to the petitioner and further considering that the statement has been made that the petitioner is ready to negotiate the matter for compromise and he will pay 10% of the cheque amount and in that view of the matter, the delay of 221 days in filing the present criminal revision petition is, hereby, condoned.

5. Accordingly, I.A. No.10813 of 20255 is allowed and disposed of.

I.A. No.10812 of 2025

6. I.A. No.10812 of 2025 has been filed for grant of bail to the petitioner during pendency of this criminal revision petition.

7. Learned counsel appearing for the petitioner submits that the petitioner is in custody since 24.05.2025. He further submits that he has been instructed that the petitioner is ready to compromise the matter and at present, he will pay 10% of the cheque amount within a period of two weeks. 8. Learned counsel appearing for the State submits that it appears that the matter is arising under Section 138 of the Negotiable Instrument Act.

submits that at least 50% of the cheque amount may kindly be allowed to be paid to the complainant.

10. In view of the above submissions of the learned counsel for the parties and considering that the petitioner is in custody since 24.05.2025 and the petitioner is ready to pay 10% of the cheque amount, at present, to the complainant, the petitioner is directed to deposit Rs.1,00,000/- by way of bank draft in the name of the complainant before the learned Registrar General of this Court by 22.12.2025.

11. Accordingly, during the pendency of this criminal revision petition, the petitioner above-named is directed to be released on bail, on furnishing bail bonds of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Lohardaga in connection with Complain