IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Rev. No. 1516 of 2015

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Ram Chandra Sao, son of Ghamandi Sao, resident of village

Chandedih, PO,PS & District-Koderma

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...... Petitioner

Versus

The State of Jharkhand

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...... Opp. Party

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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner

: Mr. Rakesh Kr. Gupta, Adv.

For the Complainant

: Mr. Ranjan Kumar, Adv.

For the State

: Mr. Deepak Kumar, Adv.

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08/06.09.2019

Mr. Rakesh Kr. Gupta, the learned counsel appears for

the petitioner.

2.

Mr. Ranjan Kumar, the learned counsel appears for

the complainant.

3.

Mr. Rakesh Kr. Gupta, the learned counsel for the

petitioner submits that the petitioner has already surrendered

before the court below and presently he is in judicial custody.

4.

This fact is not disputed by Mr. Deepak Kumar, the

learned counsel for the State.

5.

The petitioner has filed supplementary-affidavit

dated 09.07.2019 stating that the dispute between the parties have

been amicably settled.

The statements made in

supplementary-affidavit dated 09.07.2019 have not been disputed

by the complainant.

6.

The petitioner was convicted under section 138 of the

N.I. Act in C. Case No.22 of 2012 and he has been sentenced to

undergo S.I for one year and to pay a fine of Rs.4,000/-.

7.

The learned counsel for the petitioner refers to the

receipt vide Annexure-A to I.A. No.8510 of 2019 to submit that the

entire amount including the amount of compensation have already

been paid to the complainant.

2

8.

Mr. Ranjan Kumar, the learned counsel for the complainant

affirms the same.

9.

The compromise between the parties, in my opinion, is a

relevant fact for considering the quantum of punishment inflicted upon

the petitioner [refer “Shankar & Ors. Vs. State of Maharashtra & Anr.”

(2019) 5 SCC 166].

10.

Accordingly, the judgment in Cr. Appeal No.08 of 2014 is

set-aside and the punishment of S.I for one year inflicted upon the

petitioner is reduced to the period of custody already undergone by him

[refer

“Manjit Singh Vs. State of Punjab & Anr.”

2019 SCC Online SC 896].

11.

To the aforesaid extent, Cr. Revision No.1516 of 2015

is allowed.

12.

The petitioner-Ram Chandra Sao, if not wanted in

connection to any other case, shall be released forthwith.

13.

I.A. No.5699 of 2019 and I.A. No.8510 of 2019 stand

disposed of.

(Shree Chandrashekhar, J.)

R.K.