Jharkhand High Court
Dhananjay Kumar vs The State Of Jharkhand on 15 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 787 of 2022
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Dhananjay Kumar .... Petitioner
Versus
1. The State of Jharkhand
2. Pankaj Kumar ......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Sanjeev Kumar, Advocate
For the State : Mrs. Anuradha Sahay, A.P.P.
For the O. P. No. 2 : Mr. Hemant Jain, Advocate
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I. A. No. 8389 of 2022
04/15.09.2022 Heard learned counsel for the petitioner and learned
counsel for the State. Mr. Hemant Jain, learned counsel is
appearing on behalf of the opposite party no. 2 and has submitted
that he will file vakalatnama by tomorrow.
2. The present Criminal Revision No. 787 of 2022 has been
filed by the petitioner challenging the judgment dated 10.12.2021
passed in Criminal Appeal No. 77 of 2019 by the learned Sessions
Judge, Koderma whereby learned Sessions Judge, Koderma has
dismissed Criminal Appeal No. 77 of 2019 and affirmed the
judgement of conviction and order of sentence dated 28.06.2019
passed by Sri Rajiv Kumar Singh, Judicial Magistrate, 1st Class,
Koderma in connection with Complaint Case No. 159 of 2018
corresponding to T. R. No. 1226 of 2019 whereby the petitioner
has been convicted for the offence under Section 138 of the N. I.
Act and has been sentenced to undergo S. I. for a period of one
(1) year and to pay the fine of Rs. 2,31,000/- for the offence under
Section 138 of the N. I. Act. It has been further ordered that out of
the fine amount of Rs. 2,31,000/-, Rs. 2,21,000/- shall be paid as
compensation to the complainant and in default of payment of
compensation, he has further been sentenced to undergo S.I. for a
period of one (1) month.
3. I.A. No. 8389 of 2022 has been filed on behalf of the
petitioner for grant of bail to the petitioner, during pendency of the
Criminal Revision Application.
4. It is submitted by the learned counsel for the petitioner
that Rs. 29,000/- has already been paid by the petitioner to the
opposite party no. 2. It is submitted that the petitioner is ready to
deposit Rs. 75,000/- at the time of furnishing the bail bond. It is
submitted that the petitioner is in custody since 07.07.2022 and as
such, the petitioner may be enlarged on bail.
5. Learned counsel for the State raised no objection.
6. Learned counsel for the opposite party no. 2 also raised no
objection.
7. Perused the records and considered the submission of both
the sides.
8. It transpires that the petitioner has been convicted for the
offence under Section 138 of the N. I. Act and has been sentenced
to undergo S. I. for a period of one (1) year and to pay the fine of
Rs. 2,31,000/- for the offence under Section 138 of the N. I. Act.
It also transpires that Rs. 29,000/- has already been paid by the
petitioner to the opposite party no. 2. It also transpires that the
petitioner is ready to deposit Rs. 75,000/- at the time of furnishing
the bail bond.
9. Considering the facts and circumstances of the case and
the fact that the petitioner is ready to deposit Rs. 75,000/- at the
time of furnishing the bail bond., during pendency of this Criminal
Revision Application, the petitioner namely Dhananjay Kumar is
directed to be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand only) with two sureties of the like amount
each to the satisfaction of Sri Rajiv Kumar Singh, Judicial
Magistrate, 1st Class, Koderma or his Successor Court in
connection with Complaint Case No. 159 of 2018 corresponding
to T. R. No. 1226 of 2019 subject to condition that the petitioner
will deposit Bank Draft/Demand Draft of Rs. 75,000/-in the name
of the opposite party no. 2 at the time of furnishing the bail bond.
The learned Court below is directed to hand over Bank
Draft/Demand Draft of Rs. 75,000/-in the name of the opposite
party no. 2 to the opposite party no. 2, if he files an appropriate
petition.
10. I.A. No. 8389 of 2022 is allowed and stands disposed of.
Criminal Revision No. 787 of 2022
11. Put up this case on 02.11.2022 under the heading "For
Admission".
(Sanjay Prasad, J.)
Kamlesh/
