Citation : 2025 Latest Caselaw 6460 Jhar
Judgement Date : 14 October, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 841 of 2025
Amit Kumar Soni, aged 34 years, S/o- Late
Sudesh Soni, R/o- Thana Chowk, Burmu, P.O. &
P.S.- Burmu, District-Ranchi, Jharkhand.
..... ... Petitioner
Versus
1. The State of Jharkhand.
2. Ajay Jain, S/o- Mahabir Prasad, Proprietor of
Shree Hanuman Enterprises, office at Ashwarya
Complex, Old H.B. Road, P.O.-Kokar, P.S.-Kokar,
District- Ranchi, (Jharkhand).
..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. N.P. Thakur, Advocate.
For the State : Mr. Anup Pawan Topno, A.P.P.
For the O.P. No. 2 : Mr. Kumar Rahul, Advocate.
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04/ 14.10.2025 I.A. No. 11043 of 2025 has been filed for condonation of
delay of 216 days, in filing the present petition.
2. Learned counsel appearing for the petitioner submits that the petitioner had gone outside the State to earn his livelihood and further in preparation of filing the present petition, the said delay has occurred.
3. Learned A.P.P. appearing for the State and learned counsel appearing for the O.P. No. 2 have not raised serious objection, if the aforementioned delay is condoned.
4. Considering the submissions of the parties and in view of the averments made in the I.A., the prayer made therein is allowed and the same is disposed of. As such, the delay of 216 days, in filing the present petition, is hereby, condoned.
5. Learned counsel appearing for the petitioner submits this revision petition has been preferred against the judgment dated 26.09.2024, passed in Criminal Appeal No. 290 of 2024 by the learned Judicial Commissioner, Ranchi, whereby the learned appellate court has dismissed the appeal of the petitioner and affirmed the judgment of conviction and order of sentence dated 29.07.2024 passed by the learned
Judicial Magistrate, 1st Class, Ranchi, in connection with Complaint Case No. 9153 of 2021, by which, the petitioner was held guilty for the offence under Section 138 of NI Act and sentenced to undergo simple imprisonment for one year and also to pay a fine of Rs. 17,35,130/- and compensation of Rs. 2,64,870/- and in default of payment, the petitioner is further directed to undergo simple imprisonment for one month.
6. Learned counsel appearing for the petitioner submits that for grant of regular bail during the pendency of this petition, I.A. No. 10488 of 2025 has been filed. He submits that the petitioner was arrested on 21.07.2025 and since then he is still in custody. On instruction, he submits that petitioner will pay Rs. 2,50,000/- in the form of Demand Draft to the O.P. No. 2 and in view of that the petitioner may kindly be released on regular bail.
7. Learned A.P.P. appearing for the State submits that the matter is arising out of Section 138 of the NI Act.
8. Learned counsel appearing for the O.P. No. 2 / complainant submits that petitioner may kindly be directed to pay more amount.
9. In view of the above and considering the nature of allegation as well as the period of custody and accepting the submission of learned counsel appearing for the petitioner that the petitioner is ready to pay Rs. 2,50,000/- in the form of Demand Draft to the O.P. No. 2 at the time of furnishing the bail bond, the petitioner, named above, is directed to be released on regular bail subject to payment of Rs. 2,50,000/- as submitted, during the pendency of this petition, on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Ranchi, in connection with Complaint Case No. 9153 of 2021.
10. The aforementioned I.A. is allowed and disposed of.
11. In the meantime, call for the Trial Court Records.
(Sanjay Kumar Dwivedi, J.) Dated:-14.10.2025 Amitesh/-
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