Jai Shankar Prasad Gupta vs The State Of Jharkhand And Another
2022 Latest Caselaw 536 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Criminal Revision No. 848 of 2016

Jai Shankar Prasad Gupta                                          .... . Petitioner
                                 Versus
The State of Jharkhand and another                          ... Opposite Parties
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(Through V.C.)

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

For the Petitioner : Mr. Suraj Kumar, Advocate For the State : Mr. Ashok Kumar, APP

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th Order No. 08 /Dated: 17 February 2022

On 3rd December 2021, the following order was passed by the Court:

"The complainant is the petitioner before this Court.

The learned appellate Court has set-aside the judgment of conviction of OP No.2 under section 138 of N.I. Act.

On 5th September 2016, notice was issued to OP No.2 and the lower Court records were received in the Registry by 1st December 2016.

This matter was listed before me on 18 th October 2021 and 26th November 2021 but no one appeared for OP No.2.

Today Mr. Awanish Shekhar, the learned counsel who has filed Vakalatnama for OP No.2 appears and states that OP No.2 has collected the case records from his chambers and he has no instruction to appear in this matter on his behalf.

Registry to issue notice to OP No.2 intimating the next date of hearing of this criminal revision petition.

Post this matter on 14th January 2022."

From the office notings, it appears that notice was issued to OP No. 2 however no one has entered appearance on his behalf.

Today is 5th listing of this criminal revision petition in the Court and it appears that on many dates OP No. 2 was not represented through his counsel.

The appellate Court has set-aside the judgment of conviction under section 138 of the Negotiable Instruments Act passed in Complaint Case No. 943 of 2010.

In the above facts, reserving a liberty with OP No. 2 for engaging a

counsel of his own choice, Mr. Vipul Poddar, the learned counsel is appointed Amicus in this matter to argue this criminal revision petition on behalf of OP No. 2.

Registry shall provide a complete set of paper book along with all the necessary documents to the learned Amicus within four weeks.

Post this matter on 25th March 2022 under the heading "Final Disposal".

In the meantime, the learned Amicus shall prepare short synopsis, list of dates and notes of arguments.

(Shree Chandrashekhar, J.) sudhir