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2016 Supreme(Jhk) 442

PRASHANT KUMAR
Manoj Kumar Barai – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajesh Kumar
For the State : Mr. Ram Prakash Singh
For the Opposite Party : Mr. Satish Prasad

ORDER :

This revision is directed against the judgment dated 21.08.2015 passed by the learned Sessions Judge, Lohardaga in Criminal Appeal No. 81 of 2014, whereby he dismissed the appeal and confirmed the judgment of conviction dated 28.11.2014 passed by learned Sub Divisional Judicial Magistrate, Lohardaga, in Complaint Case No. 240 of 2014 corresponding to T.R. No. 514 of 2014. However, learned appellate court modified the order of sentence to the extent that the accused should undergo S.I. for 15 days and pay compensation of Rs. 10 lacs to the complainant for the offence under Section 138 of the Negotiable Instruments Act.

2. It is submitted by Sri Rajesh Kumar, learned counsel for the petitioner that in the instant case, the notice has not been served upon the petitioner by the holder of the cheques, therefore, there is non-compliance of Section 138 of the Negotiable Instruments Act. It is further submitted that the petitioner owes no debt or liability against the complainant. Thus, no case made out under Section 138 of the Negotiable Instruments Act.

3. On the other hand, Sri Ram Prakash Singh, learned counsel for the State and Sri Satish Prasad, learned counsel appearing for the














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