2021 (10) TMI 195 - HC - Indian Laws

High Court grants delay condonation, allows withdrawal of applications, recognizes compromise, releases petitioner, sets aside conviction

The High Court allowed the condonation of delay in filing the revision application, permitted withdrawal of interlocutory applications, recognized a ... Seeking grant of Bail - Dishonor of Cheque - compromise entered into between the parties - HELD THAT:- Considering the facts and circumstances of this case and the nature of the offence involved in the present case and also the fact that the petitioner and opposite party no.2 have settled their dispute outside the Court and have filed joint compromise petition, the present criminal revision application is disposed of in terms of the compromise entered into between the parties in order to meet the ends of justice and secure peace between the parties. The Judgment of conviction and the order of sentence passed by the learned Judicial Magistrate, 1st Class, Hazaribag against the petitioner for offence under Section 138 of Negotiable Instruments Act and the Judgment dated 28.06.2019 passed by learned Additional Session Judge- XIV, Hazaribag affirming the conviction and sentence of the petitioner are set aside - the amount deposited by the petitioner amounting to ₹ 1,00,000/- before the learned court below is directed to be released in favour of the opposite party no.2 upon due identification. Application allowed. Issues Involved:Condonation of delay in filing the revision application, withdrawal of interlocutory applications, compromise between parties, release of petitioner from jail, setting aside of conviction and sentence, disposal of criminal revision application.Condonation of Delay:The interlocutory application was filed for condonation of a 159-day delay in submitting the revision application. The petitioner's counsel provided reasons for the delay, which were accepted, and the delay was condoned after considering the explanation given.Withdrawal of Interlocutory Applications:Multiple interlocutory applications were filed, including joint compromise petitions and requests for withdrawal of previous applications and vakalatnama. The court allowed the withdrawal of specific applications based on the submissions made by the parties' counsels.Compromise Between Parties:The parties reached a settlement outside the court during the pendency of the case. Both the petitioner and the opposite party agreed to the compromise, leading to the payment of the compensation amount and resolution of the dispute. The court acknowledged the settlement and disposed of the criminal revision application based on the compromise.Release of Petitioner from Jail:An application was filed for the release of the petitioner from jail custody, who had been convicted under the Negotiable Instruments Act. The court directed the release of the petitioner immediately, considering the disposal of the criminal revision application and the absence of any other pending cases against the petitioner.Setting Aside of Conviction and Sentence:The court set aside the judgment of conviction and the order of sentence passed against the petitioner under the Negotiable Instruments Act. This decision was made in light of the compromise between the parties, the payment of the compensation amount, and the resolution of the dispute outside the court.Disposal of Criminal Revision Application:The criminal revision application was disposed of based on the compromise between the parties, the settlement of the dispute, and the satisfaction of the court regarding the resolution of the case. The court directed the release of the petitioner and ordered the lower court records to be sent back to the concerned court.This detailed analysis covers the various issues involved in the judgment delivered by the High Court, addressing the legal aspects and outcomes of each issue comprehensively.