JUDGMENT :

Heard the parties through Video Conferencing.

2. This appeal has been preferred by the appellant-convict being aggrieved by the Judgment of conviction and order of sentence dated 16.05.1998 passed by learned Special Judge, C.B.I. (South Bihar), Patna in Special Case No.74/85 whereby and where under, the learned court below has held the appellant-convict guilty for the offences punishable under Section 165A of the Indian Penal Code read with Section 120B of the Indian Penal Code and sentenced the appellant-convict to undergo Rigorous Imprisonment for one year. This appeal was originally filed in the Patna High Court but after creation of the High Court of Jharkhand, the appeal stood transferred to this court.

3. The brief facts of this case is that the co-convict, Sri Sib Nath Bodhak (since deceased and his Cr. Appeal (SJ) No. 203/1998 has since been abated) while functioning as Branch Manager of Thakurganj Branch of Bank of India in Ranchi, misused his financial position and took illegal gratification from the appellant-convict, who was the borrower of the said bank through the cheque bearing No.1044261 of Rs.4,000/- dated 11.11.1980 and utilized the same for purchasing the