Rajendra Singh vs The State Of Jharkhand
2022 Latest Caselaw 2821 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 (Criminal Revisional Jurisdiction)
               Criminal Revision No. 502 of 2015

Rajendra Singh                                        ... Petitioner
                              Versus


1.The State of Jharkhand
2. Indusind Bank Ltd.                           ... Opposite Parties

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

For the Petitioner          : Mr. Aman Shekhar, Advocate
For the State               : Mr. Rajneesh Vardhan, APP
For the O.P No.2            : Mr. Aashish Kumar, Advocate
                            ---------

Order No.7/Dated: 21st July 2022

In T.R No. 1060 of 2014, the petitioner was convicted and sentenced to SI for one year under section 138 of the Negotiable Instruments Act with a further direction to pay compensation to the tune of Rs.15 Lakhs to IndusInd Bank Ltd. with which he entered into Hire Purchase Agreement by securing loan from the Bank.

The appellate Court dismissed the appeal filed by the petitioner against the judgment of conviction and order of sentence, both dated 22nd January 2014, passed in T.R No. 1060 of 2014 arising out of Complaint Case No. 1339 of 2007.

The primary plea raised by the petitioner during the trial and also before the appellate Court was that without a confirmed date as regards service of the alleged demand notice upon him no complaint under section 138 of the Negotiable Instruments Act, 1881 could have been instituted. The further plea raised by the petitioner was that a presumption of valid service with the aid of section 27 of the General Clauses Act cannot be raised in the facts of the present case.

On the request of Mr. Aashish Kumar, the learned counsel for the Bank for inspecting the lower Court records and bringing on record the documents filed by the Bank in Complaint 2 Criminal Revision No. 502 of 2015

Case No. 1339 of 2007 to prove the charge under section 138 of the Negotiable Instruments Act, post the matter on 2 nd September 2022.

The learned counsel for the petitioner undertakes to produce the judgment on the aforesaid subjects.

(Shree Chandrashekhar, J.)

Amit/