JHARKHAND HIGH COURT ISSUES ORDER ON AVINASH KUMAR YADAV V/S THE STATE OF JHARKHAND & ANOTHER

RANCHI, India, Dec. 24 -- Jharkhand High Court issued the following order on Nov. 24:

1. Nobody has appeared on behalf of the opposite party no.

2. I.A. No. 4305 of 2025 2. I.A. No. 4305 of 2025 has been filed for condoning the delay of 123 days in filing of the petition.

3. Learned counsel appearing for the petitioner submits that the petitioner could not arrange the money for filing the criminal revision and in view of that, she submits that the delay of 123 days may kindly be condoned.

4. Learned counsel for the State submits that the matter is arising under Section 138 of the N.I. Act.

5. In view of the above, the Court finds that sufficient cause is made out for condoning the delay of 123 days, as such, the delay of 123 days is hereby condoned.

6. I.A. No. 4305 of 2025 allowed and disposed of.

I.A. No. 4304 of 2025

7. I.A. No. 4304 of 2025 has been filed for exemption from surrender before the learned Court.

8. Learned counsel for the petitioner submits that the matter is arising out of Complaint Case No. 1138 of 2020 corresponding to T.R. No. 84 of 2022 and petitioner is convicted and sentenced to undergo S.I. for 6 months and directed to pay Rs. 7,50,000/- to the opposite party no. 2. She further submits that pursuant to the order dated 25.06.2025 passed by the Co-ordinate Bench of this Court, petitioner has already deposited sum of Rs.1,00,000/- in the office of the learned Registrar General, Jharkhand High Court, Ranchi. She then submits that the petitioner may kindly be exempted from surrender before the learned Court.

9. Learned counsel for the State vehemently opposed the prayer and submits that the petitioner is required to surrender before the learned Court in light of Rule 159 of the High Court of Jharkhand Rules, 2001 and in view of that, the prayer made in the I.A. may kindly be rejected.

10. In view of the above submission and considering that the matter is arising out of Complaint Case No. 1138 of 2020 corresponding to T.R. No. 84 of 2022 and the petitioner has already deposited sum of Rs. 1,00,000/-, this Court finds that exceptional circumstance is made out to exempt the petitioner from surrender before the learned Court in light of Rule 159 of the High Court of Jharkhand Rules, 2001, and, as such, the prayer made in the I.A. is allowed.

11. In view of the above, the petitioner is exempted from surrender before the learned Court in connection with Complaint Case No. 1138 of 2020 corresponding to T.R. No. 84 of 2022, pending in the Court of learned Judicial Magistrate, 1st Class, Koderma.

12. Accordingly, I.A. No. 4304 of 2025 is disposed of.

Cr. Revision (filing) No. 30147 of 2024

13. Office will proceed further as per the procedure.

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