Jharkhand High Court
Nand Kishore Jha vs The State Of Jharkhand on 3 March, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1579 of 2019
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Nand Kishore Jha ...... Petitioner
Versus
1. The State of Jharkhand
2. Sri Bhuneshwar Khan ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Rama Kant Tiwari, Advocate
For the State : Mr. Sanat Kumar Jha, A.P.P.
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06/03.03.2023 The present Criminal Revision No. 1579 of 2019 has been
filed on behalf of the petitioner challenging the judgment dated
30.09.2019 passed by the learned Additional Sessions Judge-III,
Bokaro in Criminal Appeal No. 89 of 2018 whereby learned
Additional Sessions Judge-III, Bokaro has dismissed the appeal by
affirming the judgment of conviction and order of sentence dated
19.05.2018 passed by Shri Vivek Kumar, Judicial Magistrate, 1st
Class, Bokaro in Complaint Case No. 333 of 2006 by which the
petitioner has been convicted for the offence under Section 138 of the
Negotiable Instrument Act and sentenced to undergo S.I. for a period
of two (2) years and to pay to fine of Rs. 1,65,000/- out of which Rs.
1,50,000/- was directed to be paid to the opposite party no. 2-
complainant and Rs. 15,000/- was directed to be deposited with the
District Legal Services Authority, Bokaro.
2. Heard learned counsel for the petitioner and learned counsel
for the State.
3. It is submitted by the learned counsel for the petitioner that
judgments and order passed by the learned Court below are not
sustainable in the eyes of law. It is submitted that there is contradiction
in the statement of the witnesses and the petitioner has been convicted
for the offence under Section 138 of the N. I. Act. It is submitted that
this is a case where two cases i.e. Sector-XII P.S. Case No. 54 of 2007
and complaint case being C. P. Case have been lodged for the same
amount of Rs. 1,50,000/-. It is submitted that the petitioner is in
custody since 17.01.2023 and earlier he was also in custody for certain
period and as such, the petitioner may be enlarged on bail.
4. Learned counsel for the State has opposed the prayer.
5. It appears that there is certain dispute of money between the
petitioner and the opposite party no. 2 on certain works.
6. It appears that the defence was taken by the petitioner that he
had given six cheques for certain liability.
7. Considering the custody of the petitioner and considering the
fact that two cases have been instituted, during pendency of this
Criminal Revision Application, the petitioner namely Nand Kishore
Jha is directed to be released on provisional bail for a period of four
months from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand only) with two sureties of the like amount each to the
satisfaction of Shri Vivek Kumar, Judicial Magistrate, 1st Class,
Bokaro or his Successor Court in Complaint Case No. 333 of 2006.
Criminal Revision No. 1579 of 2019
8. Issue notice to the opposite party no. 2 as to why this Criminal
Revision Application be not admitted and/or disposed of at the
admission stage itself and for which requisites etc. under registered
cover with A/D and ordinary process must be filed two weeks after
Holi Vacation, failing which, this Criminal Revision Application shall
stand dismissed without further reference to the Bench.
9. If requisites are filed, put up this case on 26.04.2023.
(Sanjay Prasad, J.)
Kamlesh/
