Jharkhand High Court
Deepak Kumar Alias Deepak Kumar Agrawal vs Teh State Of Jharkhand on 21 September, 2017
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev No. 1322 of 2017
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Deepak Kumar @ Deepak Agarwal @ Deepak Kumar Agrawal, S/o
Govind Ram Agrawal, Resident of village-S.B.I. Road, Ghochotoli, P.O.
P.S. & District-Simdega. .....Petitioner
Versus
The State of Jharkhand. ...Opposite Party
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Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Gaurav, Advocate
For the State : APP
For the Informant : Mr. Rakesh Kumar, Advocate
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03/21.09.2017Heard the parties.
This application is directed against the judgment dated 29.8.2017, passed in Cr. Appeal No. 11 of 2015, by the learned Additional Sessions Judge, Simdega, whereby and whereunder judgment and order of conviction and sentence passed by the learned Sub Divisional Judicial Magistrate, Simdega on 23.2.2015 in connection with Simdega P.S. Case No. 118 of 2012, by which the petitioner has been convicted for the offence under sections 406 and 420 of the Indian Penal Code and has been sentenced to undergo R.I. for three years has been affirmed.
The dispute, which led to institution of the criminal case, is with respect to sale and purchase of a piece of land, for which the petitioner was alleged to have taken an amount of Rs.1,50,000/-. Subsequently, the petitioner had returned an amount of Rs.50,000/- in cash and so far as rest amount of Rs.1,00,000/- is concerned, in spite of repeated assurance, petitioner did not return the same leading to institution of Simdega P.S. Case No. 118 of 2012.
Prosecution having been able to prove its case beyond all reasonable doubt, petitioner was convicted for the offence under sections 406 and 420 of the Indian Penal Code, which was affirmed by the learned appellate court.
At the outset, learned counsel for the petitioner has submitted that parties have compromised the matter outside the court and the balance amount of Rupees One Lac has been returned back to the O.P. No. 2.
Mr. Rakesh Kumar, learned counsel for the informant, has accepted the factum of compromise and has submitted that he does not have any grievance against the petitioner in view of the settlement so arrived at.
-2-Perusal of the joint compromise petition, which is by way of I.A. No. 7708 of 2017, reveals that good sense has prevailed between the parties and the balance amount of Rupees One Lac has been returned by the petitioner to the O.P. No. 2 and O.P. No. 2 does not have any grievance against the petitioner.
Considering the fact that good sense has been restored between the parties, this application is allowed by setting aside the judgment dated 29.8.2017, passed in Cr. Appeal No. 11 of 2015, by the learned Additional Sessions Judge, Simdega, whereby and whereunder judgment and order of conviction and sentence passed by the learned Sub Divisional Judicial Magistrate, Simdega on 23.2.2015 in connection with Simdega P.S. Case No. 118 of 2012, by which the petitioner has been convicted for the offence under sections 406 and 420 of the Indian Penal Code and has been sentenced to undergo R.I. for three years has been affirmed.
Pending I.As, stand disposed of.
(Rongon Mukhopadhyay,J) Rakesh/