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2021 Supreme(Jhk) 246

ANUBHA RAWAT CHOUDHARY
Navin Kumar Sahay @ Navin Kishore Sahay son of Binay Bhushan – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rajeeva Sharma, Senior Advocate, Mr. Sarfaraz Akhtar, Advocate
For the Opposite Party :Mr. Shekhar Sinha, Advocate, Mr. J.N. Upadhyay, Advocate

JUDGMENT :

1. Heard Mr. Rajeeva Sharma, learned senior counsel appearing on behalf of the petitioner along with Mr. Sarfaraz Akhtar, Advocate.

2. Heard Mr. Shekhar Sinha, learned counsel appearing on behalf of the opposite party-State.

3. Heard Mr. J. N. Upadhyay, learned counsel appearing on behalf of the opposite party No. 2.

4. This revision petition has been filed for setting aside the order dated 23.02.2012 passed by learned Sessions Judge, I, Jamshedpur in Cr. Appeal No. 23/2010, whereby the Appellate Court confirmed the Judgment dated 13.01.2010 passed by Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No. 241/2004 convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act sentencing him to undergo rigorous imprisonment for one year and to pay a sum of Rs. One Lakh to the complainant company as compensation.

Arguments on behalf of the petitioner

5. The learned senior counsel for the petitioner while advancing his argument, has submitted that though the dues was against the company in which the petitioner was working, but the cheque was issued by the petitioner from his personal account and accordingly, there was no debt recoverable from th

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