Jharkhand High Court
Md. Zakir Khan Son Of Nurul Hasan ... vs The State Of Jharkhand on 6 December, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 592 of 2010
Md. Zakir Khan son of Nurul Hasan Khan, resident of Bhaga
No.4, P.O. and P.S. Bhaga, District Dhanbad.
... ... Petitioner
Versus
1. The State of Jharkhand
2. Sujay Kumar Chatterjee, son of Manoranjan Chatterjee,
resident of Nunudih, P.O. Nunudih, P.S. Sudamdih, District
Dhanbad. ... ... Opposite Parties
With
Cr. Rev. No. 506 of 2010
Sujay Kumar Chatterjee, son of Sri Manoranjan Chatterjee,
resident of Nunudih, P.O. & P.S. Patherdih, District
Dhanbad. ... ... Petitioner
Versus
1. The State of Jharkhand
2. Md. Zakir Khan son of Nurul Hasan Khan, resident of Bhaga
No.4, P.O. and P.S. Bhaga, District Dhanbad.
... ... Opposite Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
06/06.12.2021
1. Nobody appears on behalf of the petitioner-Md. Zakir
Khan in Cr. Revision No. 592/2010 as well as opposite party
No.-2 in Cr. Revision No. 506/2010.
2. From perusal of the impugned judgment passed by the
learned trial court, it appears that the petitioner-Sujay Kumar
Chatterjee was convicted to undergo rigorous imprisonment for
six months with a compensation amount of Rs. 4,60,000/- for
offence under Section 138 of the Negotiable Instruments Act,
1881, but the learned appellate court on appeal filed by the
petitioner-Sujay Kumar Chatterjee sustained the conviction for
offence under Section 138 of the Negotiable Instruments of
simple imprisonment of six months, but compensation amount
was reduced to Rs. 2,85,000/-. Consequently, both complainant
as well as the convict have filed their respective independent
criminal revision before this Court, which have been tagged
together and have been listed today under the heading for final
disposal. The matter was taken up on 20.11.2021, wherein Mr.
Sanjay Prasad, learned counsel for the petitioner-Md. Zakir
Khan was present, but today he is not present and no prayer for
adjournment has been made.
3. Mr. Rohit Kumar, learned counsel for the opposite party
No.-2 in Cr. Revision No. 592/2010 and petitioner in Cr.
Revision No. 506/2010 is present. He submits that he does not
have any instruction in the matter.
4. Considering the aforesaid facts and circumstances, office
is directed to issue notice to Sujay Kumar Chatterjee, who is
petitioner in Cr. Revision No. 506/2010 and also to opposite
party No.-2 Md. Zakir Khan in Cr. Revision No. 506/2010,
through the officer-in-charge of the concerned police station, so
that they may take appropriate steps for the purposes of the
final disposal of the present cases.
5. Learned counsel appearing on behalf of the opposite
party-State Mr. Arup Kumar Dey is directed to seek instruction
and file appropriate affidavit in Cr. Revision No. 506/2010 of
the officer-in-charge of the concerned police station or any
person authorized by him in connection with service of notice
as aforesaid. The affidavit should be filed latest by 03.01.2022.
6. Post these cases on 10.01.2022 under the heading for 'final
disposal'.
(Anubha Rawat Choudhary, J.)
Mukul
