Abhijit Mukherjee vs The State Of Jharkhand
2021 Latest Caselaw 3855 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Rev. No. 469 of 2020
             Abhijit Mukherjee                                ...          ...           Petitioner
                                           Versus
             1. The State of Jharkhand
             2. Dasrath Prasad                                ...          ...            Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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             For the Petitioner                : Mr. J.J. Sanga, Adv.
             For the State                     : Mrs. Priya Shrestha, APP
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06/07.10.2021:            Admit.
                          Issue notice.
                          Call for the Lower Court Records.
                I.A. No.5434 of 2021

Heard learned counsel for the petitioner and learned counsel for the State on the interlocutory application filed by the petitioner, for suspension of sentence and release him on bail during the pendency of this criminal revision.

The petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo simple imprisonment for six months with fine.

Counsel for the petitioner has relied upon the judgment of Apex Court reported in 2008 5 SCC 638 (Lalit Kumar Sharma vs. State of U.P.) and it has been submitted that the case is covered by the said judgment.

Since, cheque was not issued in discharge of the debt liability and as such provision of Section 138 of Negotiable Instruments Act does not get attracted. On the above facts, prayer for suspension of sentence has been made.

On the other hand, counsel for the State has opposed the prayer. In the attending facts and circumstances of the case, I am inclined to suspend the sentence and to release the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail, during the pendency of this criminal revision, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No.788 of 2017 (T.R. No.1435 of 2019).

This interlocutory application is accordingly, allowed and disposed of.

(Rajesh Kumar, J.)

Ravi/