RONGON MUKHOPADHYAY,J. - (1.) I.A. No. 1209 of 2016 This interlocutory application has been preferred by the petitioner for exempting to surrender in terms of Rule 159 of the Jharkhand High Court Rules.
(2.) It appears that the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and was sentenced to undergo rigorous imprisonment for four months and was also directed to make payment of compensation of Rs. 60,000/- to the complainant. A joint compromise petition has been filed by the parties being I.A. No. 8270 of 2016 in which it appears that the amount of Rs. 60,000/- has already been paid to the opposite party No. 2 on the basis of the compromise.
(3.) Since the matter has been compromised it would be appropriate to grant exemption to the petitioner from surrendering. Accordingly, this application is allowed and the petitioner is exempted to surrender before the learned trial Court pursuant to the order of conviction and its subsequent affirmation in appeal.;