Shiv Shankar Yadav vs The State Of Jharkhand
2021 Latest Caselaw 1960 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.327 of 2019

    Shiv Shankar Yadav                                ......      Petitioner

                               Versus
    1.   The State of Jharkhand
    2.   Kailash Rai                                  .....   Opp. Parties

                            With
                  Cr. Revision No.332 of 2019

    Shiv Shankar Yadav                                ......      Petitioner

                               Versus
    1.   The State of Jharkhand
    2.   Kanti Devi                                   .....   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Pankaj Kumar Mishra, Advocate (in both the cases) For the State : Mr. Vishwanath Ray, A.P.P Mr. Ravi Prakash, Spl.P.P For the O.P. No.02 : Mr. Shailesh, Advocate (in both the cases)

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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st 11/Dated: 21 June, 2021

1. The revisions have been preferred against the judgment dated 15.01.2019, passed in Criminal Appeal Nos.44 of 2017 and 43 of 2017 by the court of learned Additional Sessions Judge - IV, Giridih, affirming the judgment and order of sentence dated 22.04.2017, whereby the petitioner has been convicted of the offence under Section 138 of the Negotiable Instrument Act, by the court of learned Judicial Magistrate, 1st Class, Giridih, in Complaint Case Nos.520 of 2012 and 509 of 2012, respectively. The petitioner has been sentenced to undergo simple imprisonment of one year and to pay the compensation of Rs.12,00,000/- and Rs.14,00,000/-, respectively.

2. Heard learned counsel for the petitioner, learned A.P.P and learned counsel for the O.P. No.02.

3. Considering the allegation and nature of transaction between the parties, this Court is of the view that in the interest of justice, the sentence should be reduced to the period already undergone by the petitioner. Accordingly, the order of sentence/ judgment dated 15.01.2019 is modified to the extent that it is reduced to the period already undergone by the petitioner.

4. With the above modification of the sentence, the revisions stand disposed off.

The petitioner is directed to be released forthwith, if his detention is not required in any other case.

5. Office shall prepare the Release Order of the petitioner and send it to the court concerned.

6. The judgment in separate sheet shall follow shortly.

(Rajesh Kumar, J.) Chandan/-