Shyamal Pramanik vs The State Of Jharkhand & Anr. ... ... Opp. ...
2024 Latest Caselaw 8707 Jhar

Jharkhand High Court

Shyamal Pramanik vs The State Of Jharkhand & Anr. ... ... Opp. ... on 2 September, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        Cr. Revision No. 1511 of 2016

 Shyamal Pramanik                                         ...      ...      Petitioner
                                      Versus
 The State of Jharkhand & Anr.                            ...      ...     Opp. Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. A. K. Sahani, Advocate For the Opp. Party No. 2 : Mr. J. N. Upadhyay, Advocate Ms. Juhi Kumari, Advocate Mr. Mayank, Advocate Mr. Rahul Kumar, Advocate

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nd 07/2 September 2024

1. Learned counsel for the parties are present.

2. The petitioner has faced the trial for offence under Sections 420 and 406 of the Indian Penal Code in connection with certain supplies of computers required to be made to the opposite party No. 2.

3. The learned trial court acquitted the petitioner for offence under Section 420 of IPC and convicted under Sections 406 of IPC.

4. The learned appellate court sustained the conviction of the petitioner under Section 406 of IPC, but at the same time observed that the complainant had proved that not even a single computer was supplied to the complainant after receiving money which clearly indicates that the accused had dishonest intention since inception. At the same time, the learned appellate court has not considered the judgment and the findings recorded by the learned trial court.

5. Learned counsel for the parties seek adjournment so that they may take instructions from their respective parties, if they are inclined to settle the matter out of court as the dispute arises out of purely private transactions between the parties relating to supply of computers.

6. Post this case on 10.09.2024 in the supplementary cause list.

(Anubha Rawat Choudhary, J.) Mukul