Shatrughan Chiraniya vs The State Of Jharkhand
2024 Latest Caselaw 5167 Jhar

Jharkhand High Court

Shatrughan Chiraniya vs The State Of Jharkhand on 10 May, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No. 218 of 2019

                Shatrughan Chiraniya                             ...     ...    Petitioner
                                     Versus
            1. The State of Jharkhand
            2. Kudus Ansari                ...            ...       Opp. Parties
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Mahesh Tewari, Advocate For the Opp. Party : Mr. Rajesh Kumar, Advocate

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08/10.05.2024 Learned counsel for the parties are present.

2. Learned counsel for the petitioner has argued that the case was instituted for the offence under sections 420 IPC as well as Section 138 of the Negotiable Instruments Act. He submits that the basic ingredient of offence under section 420 of IPC has not been made out at all. At best it can be said to be transaction flowing out of land deal. Learned counsel has further submitted that trial court primarily rested the conviction u/s 420 IPC on the ground that the petitioner had issued a cheque of a closed account. The learned counsel submits that issuance of cheque and its bouncing under various situation is covered exclusively covered under section 138 of the Negotiable Instruments Act and Section 420 IPC is not attracted under such circumstances.

3. So far as the appellate court is concerned, he submits that the appellate court has not recorded any finding in connection with the offence under section 420 IPC. In the 2 nd last paragraph of the appellate court judgment the submission of the respective parties has been recorded and straightway the conclusion has been reached at the penultimate paragraph of the judgment. On the point of 420 IPC the appellate court's judgment is non-speaking and cryptic.

4. He submits that the matter be posted on 14.05.2024 for further hearing and he shall submit the judgment which he seeks to rely upon and one short note of argument by 13.05.2024 so that the case be disposed of on 14.05.2024.

5. Post this case on 14.05.2024 at 1 P.M.

Binit (Anubha Rawat Choudhary, J.)