JUDGMENT :

1. Heard Mr. Rajesh Kumar Mahtha, the learned counsel appearing on behalf of the petitioner.

2. Heard Ms. Vandana Bharti, the learned A.P.P. appearing on behalf of the Opposite Party-State.

3. The present criminal revision petition is directed against the Judgment dated 02.08.2013 passed by learned Sessions Judge, Bokaro in Criminal Appeal No. 78/2013 whereby and whereunder the learned appellate court upheld the Judgment of conviction of the petitioner under Section 409 of the Indian Penal Code and modified the sentence of the petitioner to undergo Simple Imprisonment for one year and fine of Rs. 5,000/- and in default of payment of fine, the petitioner was directed to further undergo Simple Imprisonment for 15 days and dismissed the criminal appeal.

4. The petitioner had preferred the criminal appeal against the Judgment of conviction and the order of sentence dated 16.04.2013 passed by the learned Judicial Magistrate, 1st Class, Bokaro in G.R. Case No. 23 of 2002 / Trial No. 297 of 2013 [arising out of Chas (M) P.S. Case No.02/2002 dated 08.01.2002] whereby and whereunder the petitioner was convicted for the offence under Section 409 of the Indian Penal Code and was senten