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Judgment
I.A. No.12189 of 2026 has been filed for condonation of delay of 5 days occurred in preferring the instant revision petition.
Learned counsel for the petitioner submits that in preparation of filing the criminal revision petition such delay has occurred, and in view of that, the said delay may kindly be condoned.
Learned counsel for the respondent State submits that the matter is arising out of Section 138 of Negotiable Instrument Act.
Learned counsel for the respondent/ O.P. No.2 has got no serious objection if such delay is condoned.
The delay is of only 5 days in preferring the instant criminal revision petition, and such, the said delay is hereby condoned. The instant I.A. filed for condonation of delay is allowed and disposed of.
The learned counsel for the petitioner submits that this petition has been filed for setting aside the judgment dated 07.05.2026 passed in Criminal Appeal No.275 of 2025 passed by learned Sessions Judge, Dhanbad and subsequent judgment dated 28.11.2025 passed by learned Judicial Magistrate 1st Class, Dhanbad in Complaint Case No.2053 of 2014, corresponding to T.R. Case No.2822 of 2025, whereby the petitioner has been convicted for offence under section 138 of Negotiable Instrument Act and further sentenced to undergo SI for one year together with a fine of Rs.33,85,272/- as compensation for the offence punishable under section 138 of Negotiable Instrument Act and in default of payment of fine to undergo SI for three months and it was also directed that compensation amount if not paid in time, shall be recoverable under the provisions of Section 421 of CrPC.
The learned counsel for the petitioner submits that the petitioner has been arrested on 31.7.2026 and has also remained in custody during the trial and in totality he has remained in custody for about 4 months. He submits that the petitioner is ready to compromise the matter with the OP No.2 and in the aforesaid background, he submits that the petitioner may kindly be released on bail.
Learned counsel for the OP No.2 submits that no compensation amount has been paid as yet to the OP No.2.
In view of the above and considering that the matter is arising out of section 138 of Negotiable Instrument Act and the petitioner is ready to compromise the matter and, as such, the petitioner-above named hereby is directed to be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Judicial Magistrate 1st Class, Dhanbad, in connection with Complaint Case No.2053 of 2014, corresponding to T.R. Case No.2822 of 2025, subject to the condition that at the time of furnishing the bail bond, the petitioner will handover a bank draft of Rs.4 Lacs (Four Lacs) in the name of the complainant.
The I.A. meant for grant of bail is allowed and disposed of.
It is open to the petitioner as well as the OP No.2 that if they settled the matter, they may file an appropriate petition in the present criminal revision petition.
Let this matter appear after eight weeks.
In the meantime, call for the trial court records.