Mahendra Prasad @ Mahendra Prasad Yadav vs The State Of Jharkhand
2024 Latest Caselaw 1589 Jhar

Jharkhand High Court

Mahendra Prasad @ Mahendra Prasad Yadav vs The State Of Jharkhand on 16 February, 2024

Author: Subhash Chand

Bench: Subhash Chand

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
         Cr. Rev. No. 575 of 2023
Mahendra Prasad @ Mahendra Prasad Yadav ...Petitioner
                     Versus
1. The State of Jharkhand
2. Basudeo Prasad Yadav ....          ...Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Petitioner : Mr. Amit Kumar Sinha, Advocate For the State : Mr. Vineet Kumar Vashistha, Spl.P.P. For the O.P.No.2 : Mr. Rahul Kumar, Advocate

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Order No. 07/ dated 16.02.2024 I.A. No.9100 of 2023 is with the prayer to exempt the

petitioner from surrendering before the learned trial court on the

ground that the petitioner was convicted by the learned trial

court which was also affirmed by the learned Appellate Court but

the said cheque was never issued by the petitioner to the

complainant and on this very ground sought the exemption from

surrendering before the learned court-below.

2. The petitioner was convicted by the trial court and the

Judgment of conviction and sentence passed by the trial court

was also affirmed by the Appellate Court.

3. So far as the ground taken by the petitioner that the said

cheque was not issued by the petitioner to the complainant, the

same ground is the defence of the petitioner and the learned trial

court and the Appellate Court both have considered this fact and

passed the impugned Judgment of conviction and sentence. As

such this ground cannot be accepted to exempt the petitioner

from surrendering before the learned trial court.

4. In view of the above, the prayer sought by the petitioner is

hereby refused.

5. Accordingly, I.A.No.9100 of 2023 stands dismissed.

6. The petitioner is directed to surrender before the learned

court-below and to file surrender certificate.

List on 23.02.2024

(Subhash Chand, J.) P.K.S