Jharkhand High Court
Chhutan Bhuiyan @ Chhutan vs The State Of Jharkhand on 18 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 635 of 2020
....
Chhutan Bhuiyan @ Chhutan .... Petitioner
Versus
1. The State of Jharkhand
2. Sajid Ansari .... Opposite Parties
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. S.K.Soni, Adv.
For the State : Mr. Ravi Prakash, Spl. P.P.
For the O.P. No.2 : Mr. R.K.Mahtha, Adv.
....
08/18.08.2022 I.A. No.7470 of 2022
The instant interlocutory application has been filed for substitution of the
complainant/O.P. No.2, who has been killed on 16.05.2022 with his mother.
It appears that a complaint petition has been filed for dishonor of cheque
and order has been passed in favour of the complainant.
The said impugned judgment has been upheld by the appellate court and
finally has been impugned in the present case.
In view of the nature of dispute between the parties, I.A. No.7470 of
2022 is allowed.
Let the name of Sajid Ansari-O.P. No.2 be substituted by his mother
namely, Rakiba Khatoon, wife of Moinuddin Ansari, resident of 108, Dhori Staff
Quarter, Near Dhori dispensary, P.O. Dhori, P.S. Bermo, District-Bokaro.
Office is directed to make necessary correction within a week.
I.A. No.2006 of 2022
The instant interlocutory application has been filed for cancellation of ad
interim bail and suspension of sentence granted to the revisionist vide order dated
29.09.2021 passed in I.A. No.5287 of 2021.
By last order dated 22.04.2022, the revisionist has been noticed as he was
not in contact of presenting lawyer.
Order dated 22.04.2022 is quoted hereinunder:
"I.A. No.2006 of 2022
The present application has been filed for cancellation of
ad-interim bail and suspension of sentence granted to the petitioner
vide order dated 29.09.2021 in I.A. No.5287 of 2021.
It has been alleged that the sentence has been suspended
on the undertaking that some part of compensation amount
amounting to Rs.8,00,000/-(Rupees Eight Lac) will be paid within
two weeks but till date payment has not been made.
Learned counsel for the revisionist has submitted that he
has no contact with his client.
In view of above submission, office is directed to issue
notice to the revisionist, namely, Chhutan Bhuiyan @ Chhutan
through concerned police station and submit a compliance report
within three weeks."
As per the office report, it appears that the Police has tried to contact the
revisionist but he is avoiding to contact, thus it is evident that the petitioner is not
interested in complying the undertaking given to this Court and further he is
avoiding participation in the present revision application and his non response to
the notice of the Court is a serious issue.
It further appears that exemption has been granted to the petitioner only
for three months vide order dated 29.09.2021 which has also expired.
In view of above facts, court below is directed to take all coercive steps
for apprehension of the revisionist and commit him to jail for serving out rest of the
sentence.
Court below is directed to submit a report regarding the compliance of
this order within four weeks.
I.A. No.2006 of 2022 stands disposed of.
(Rajesh Kumar, J.)
Shahid/
