MD. IRFAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sanjeev Kumar, learned counsel appearing for the petitioner, Mr. Vishwanath Roy, learned counsel appearing for the State and Mr. Rakesh Kumar Gupta, learned counsel appearing for the complainant/opposite party no.2.

(2.) Learned counsel appearing for the petitioner submits that this criminal revision petition has been filed against the judgment dtd. 18/3/2025 passed by the learned Sessions Judge, Koderma in Criminal Appeal No.47 of 2024 by which the learned appellate court has dismissed the appeal and affirmed the judgment of conviction and the order of sentence, dated 29. 11.2024 passed by the learned Judicial Magistrate, 1st Class, Koderma in Complaint Case No.146 of 2022, T.R. No.1502 of 2024, whereby, the petitioner has been convicted under Sec. 138 of the Negotiable Instrument Act and he has been sentenced to undergo S.I. for one year and to pay compensation of Rs.2,90,000.00 with interest @ 10% as victim compensation to the complainant under Sec. 357 of the Code of Criminal Procedure and in default of payment of fine, further direction is there to undergo S.I. for 15 days. He further submits that the matter is arising out of Sec. 138 of the Negotiable Instrument Act, which is compoundable under Sec. 147 of the Negotiable Instrument Act. He then submits that now a good sense has prevailed between the parties and both have compromised the matter and in terms of the compromise, the cash amount of Rs.2,90,000.00 with 10% interest has already been paid to the complainant by the petitioner, as disclosed in paragraph 5 of the joint compromise petition. He next submits that the joint compromise petition has been filed in the form of I.A. No.11953 of 2025. He also submits that the said I.A. has been filed on separate affidavit on behalf of both the sides. He submits that in view of that, this matter may kindly be disposed of in light of Sec. 147 of the Negotiable Instrument Act.

(3.) Learned counsel appearing for the State submits that the matter is arising under Sec. 138 of the Negotiable Instrument Act and it appears that the compromise is there.