Nageshwar Pandit vs The State Of Jharkhand
2021 Latest Caselaw 482 Jhar

            IN       THE     HIGH    COURT      OF    JHARKHAND              AT      RANCHI
                                Cr.M.P. No. 787 of 2018

            Nageshwar Pandit                                         ..... ...Petitioner
                                          Versus
            1. The State of Jharkhand
            2. Prabir Kumar Bandopadhayay                           ..... ...Opposite Parties
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA : HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. D.K. Karmakar, Advocate.

            For the State                : A.P.P.
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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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06/ 02.02.2021 Heard learned counsel for the petitioner and learned counsel for the State.

The complainant-petitioner is aggrieved by the impugned Judgment dated 21.12.2017, passed in C-1 Case No. 2894 of 2012, by the learned Judicial Magistrate, 1st Class, Jamshedpur, whereby the accused-O.P. No. 2 has been acquitted, for the alleged offence under Section 138 of the Negotiable Instrument Act.

Learned counsel for the petitioner has submitted that even though the petitioner-complainant was able to establish his case in the Trial Court below, but the Trial Court below has wrongly acquitted the accused.

We have gone through the Judgment, passed by the learned Trial Court below, which clearly shows that only the photocopy of the cheque return memo was produced during trial, but the original thereof was not proved, and no officer or employee of the Bank was examined by the petitioner-complainant as witness. In view of these facts, the Trial Court below has acquitted the O.P. No. 2, giving him the benefits of doubt.

We do not find any illegality in the impugned Judgment, passed by the Trial Court below worth any interference by this Court.

There is no merit in this criminal miscellaneous petition and the same, is accordingly, dismissed.

( H. C. Mishra, J.)

(Rajesh Kumar, J.) Amitesh/-