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2021 Supreme(Jhk) 638

ANUBHA RAWAT CHOUDHARY
Krishna Kant Kushwaha, S/o Late Moti Mahto – Appellant
Versus
State of Jharkhand – Respondent


JUDGMENT :

Anubha Rawat Choudhary, J.

Heard Ms. Sunita Kumari, the learned amicus curiae appearing on behalf of the petitioner.

2. Heard Mr. Abhay Kumar Tiwari, the learned A.P.P. appearing on behalf of the Opposite Party No.1-State.

3. The learned trial court vide Judgment dated 11.05.2009 passed by the learned Judicial Magistrate, 1st Class, Civil Court, Hazaribag in Complaint Case No. 371 of 2009/Trial No. 929 of 2009 had convicted the petitioner under Section 138 of the Negotiable Instruments Act, 1881 and had sentenced him to undergo Simple Imprisonment for one year and six months and had directed him to pay Rs. 1,50,000/- (Rupees One Lac Fifty Thousand) to the Complainant as compensation.

4. The petitioner preferred Criminal Appeal No.69 of 2009 against the Judgment of conviction and the order of sentence passed by the learned trial court in which the learned appellate court vide Judgment dated 12.09.2013 passed by the learned Addl. Sessions Judge-V, Hazaribagh upheld the conviction of the petitioner under Section 138 of the Negotiable Instruments Act, 1881 and modified and reduced the substantive sentence to Simple Imprisonment for one year and directed the petitioner to pay a co

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