JHARKHAND HIGH COURT ISSUES ORDER ON SUSHIL KUMAR KHEMKA V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, Sept. 7 -- Jharkhand High Court issued the following order on Aug. 7:

1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for O.P. No.2.

2. This Criminal Revision has been preferred against the judgment and order of conviction and sentence dated 14.11.2019 passed by learned Sessions Judge, East Singhbhum at Jamshedpur, in Cr. Appeal No.177 of 2019, whereby the learned Appellate Court has been pleased to allow the appeal in part by acquitting the petitioner for the charge u/s 138 of the Negotiable Instrument Act and awarded punishment of simple imprisonment of one year and also ordered to pay compensation amount of Rs. 34,40,000/- (Thirty-Four Lakhs Forty Thousand) to the complainant preferably within a month.

3. Learned counsel for the petitioner submits that the case is arising out of dishonour of the cheque, for which a complaint case has been filed.

4. He further submits that the matter was sent for settlement by a Co-ordinate Bench of this Court by order dated 25.11.2022 and in the mediation, both the parties have settled the dispute and have agreed to pay a sum of Rs.18,00,000/- to the complainant as full and final settlement, and in turn the complainant has agreed to withdraw all the pending cases filed by the complainant.

5. He submits that a sum of Rs.17,00,000/- has already been paid to the complainant and the remaining Rs.1,00,000/-, he is paying to the counsel for the complainant right now. He submits, in view of that, the case may be quashed.

6. Learned counsel for the State submits that this is case between the petitioner and the opposite party No.2 for non-payment of amount and dishonour of the cheque.

7. Learned counsel Mr. Upadhyay appearing for the O.P. No.2 accepts the submission and submits that the complainant has already received Rs.17,00,000/- and by way of receiving of bank draft of Rs.1,00,000/- today, the entire transaction is complete in terms of the settlement made before JHALSA. He submits that now the complainant has got no grievance and in view that, matter may be closed.

8. In light of the above submissions of the learned counsel appearing for the parties and further considering that the matter is arising out of Section 138 of Negotiable Instrument Act and that section is compoundable in the light of Section 320(6) of the Cr.P.C.

9. As such, this case is allowed to be compounded in the light of Section 320(6) of the Cr.P.C.

10. Accordingly, this Cr. Revision is allowed in above terms and disposed of.

11. Pending I.A., if any, also stands disposed of.

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