Md. Sakir Ansari @ Shakir Ansari vs The State Of Jharkhand
2025 Latest Caselaw 1093 Jhar

Jharkhand High Court

Md. Sakir Ansari @ Shakir Ansari vs The State Of Jharkhand on 23 July, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No.523 of 2025
        Md. Sakir Ansari @ Shakir Ansari             .... .. ... Petitioner(s)
                          Versus
        1. The State of Jharkhand.
        2. Suneshwar Mahto                            .. ... ...Opp. Party(s)
              ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

For the Petitioner(s) : Mr. Pankaj Kr. Dubey, Advocate Mrs. Km. Poonam Verma, Advocate For the State : Mr. Shashi Kr. Verma, APP ......

05/ 23.07.2025. I.A. No.9129 of 2025.

Heard, learned counsel for the petitioner on the aforesaid I.A. filed for exemption from surrendering in terms of Rule 159 of the Jharkhand High Court Rules, 2001.

The petitioner has preferred the instant Cr. Revision petition against the judgment of conviction under Section 138 of the N. I. Act and sentence to undergo S.I. for one year and also to pay compensation of Rs.11,04,000/- arising out of Complaint Case No.5548 of 2019 (T.R. Case No.1446 of 2024).

The judgment of conviction and sentence passed by the learned Trial Court has been affirmed in Appeal.

The instant Interlocutory application for exemption from surrendering the petitioner is pressed into motion on the ground that the case solely rests upon the testimony of the complainant. Further the sale-deed has not been adduced into evidence.

Learned APP for the State has opposed the prayer. Admittedly cheque of Rs 8,00,000/-was drawn in favour of the complainant which was dishonoured for insufficiency of fund . The cheque, bank returned, legal notice were adduced into evidence before the trial Court. The trial Court after considering the documentary evidence, convicted the petitioner under Section 138 of the N.I.Act. The grounds urged by the petitioner seeking exemption from surrendering before the learned Trial Court are found to be untenable. Accordingly, the present Interlocutory Application is dismissed.

The Petitioner is directed to surrender before the learned Trial Court within two weeks from today, failing which, learned Court below to take all coercive measures so as to apprehend the petitioner.

After the surrender certificate is filed, list this case under the heading for "Admission".

(Gautam Kumar Choudhary, J.) Sandeep/-