Mantosh Kumar Aged About 36 Years vs The State Of Jharkhand
2024 Latest Caselaw 9318 Jhar

Jharkhand High Court

Mantosh Kumar Aged About 36 Years vs The State Of Jharkhand on 18 September, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Rev. No. 1373 of 2019
                                           with
                                  I.A. No. 2685 of 2020
                                           with
                                  I.A. No. 4739 of 2021

                Mantosh Kumar aged about 36 years, S/o Late Ramchandra Singh,
                resident of Quarter No. 1123, Sector-12/E, P.O. & P.S.- Sector-12,
                Bokaro Steel City, District- Bokaro, Jharkhand
                                                            ...     ...     Petitioner
                                           Versus
                1. The State of Jharkhand
                2. Sri Raja Ram Singh, S/o Ram Ashish Singh, R/o. Quarter No.
                   2217, Street-22, Sector-8/B, P.O.- Sector-9, P.S.:- Harla, Bokaro
                   Steel City, District- Bokaro ...        ...      Opposite Parties
                                           ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Anil Kumar Sinha, Advocate For the State : Mr. Arup Kumar Dey, Advocate For the O.P. No. 2 : Mr. Sanjay Kumar, Advocate

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07/18.09.2024

1. I.A. No. 4739 of 2021 has been filed seeking condonation of delay of 91 days in filing the present revision petition.

2. So far as petition seeking condonation of delay is concerned, learned counsel for the opposite party no. 2 has opposed the prayer.

3. However, after going through the cause shown in the petition seeking condonation of delay, the delay in filing the present criminal revision is hereby condoned.

4. I.A. No. 4739 of 2021 is accordingly allowed.

5. I.A. No. 2685 of 2020 has been filed seeking exemption from surrender.

6. The learned counsel for the petitioner has submitted that the learned trial Court had sentenced the petitioner to undergo Simple Imprisonment for one year and had directed to pay cheque amount of Rs. 3,59,500/- and compensation amount of Rs. 10,000/- to the complainant. However, the learned Appellate Court modified the sentence and the fine amount was enhanced to Rs. 5,50,000/- with a direction to pay the same to the complainant within a period of six months with a default clause that in case of non-payment of fine amount, the petitioner shall undergo Simple Imprisonment of one year.

7. Learned counsel for the petitioner submits that in such circumstances the petitioner be exempted from surrendering before the learned Court concerned.

8. Considering the averments made in the interlocutory application being I.A. No. 2685 of 2020, this Court finds that the appellate Court's judgment with regard to default sentence has taken its effect and no exceptional ground has been shown to exempt the petitioner from surrender.

9. However, since the matter relates to conviction under section 138 of N.I. Act , this court finds it proper to exempt the petitioner from surrendering upon deposit of the amount of Rs. 5,50,000/- before this Court in the Bank Account of learned Registrar General of this Court details of which is as under:

Bank of India, Branch Name: Jharkhand High Court IFSC: BKID0004958"

10. The petitioner shall file a supplementary affidavit with regard to deposit of the amount before this Court within a period of 45 days from today.

11. In case the amount is not deposited or the surrender certificate is not filed within a period of 45 from today, this petition shall stand dismissed without any further reference to the Bench.

12. I.A. No. 2685 of 2020 is accordingly disposed of.

13. In the meantime, let the records be called for from the learned court concerned.

14. In case this order is compiled by the petitioner within the stipulated time, post this case on 18.11.2024 for 'final disposal'.

15. Let a copy of this order be communicated to the court concerned through 'FAX'.

Pankaj                             (Anubha Rawat Choudhary, J.)