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2021 Supreme(Jhk) 672

ANUBHA RAWAT CHOUDHARY
Md. Kalim son of Manjoor Alam – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Afaque Rashid, Advocate
For the Respondent: Tarun Kumar

ORDER :

1. Heard Mr. Afaque Rashid, the learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Tarun Kumar, the learned counsel appearing on behalf of Opposite Party No.2.

3. This criminal revision petition is directed against the Judgment dated 27.07.2012 passed by the learned District & Additional Sessions Judge-cum-Special Judge, Land Acquisition, Hazaribag in Criminal Appeal No. 216/2011 whereby and whereunder the learned appellate court confirmed the conviction of the petitioner under Section 138 of the Indian Penal Code, but modified the sentence of the petitioner to Simple Imprisonment for 06 months and to pay compensation of Rs.1,11,000/- to the Complainant within 03 months under Section 357(3) of Cr.P.C. and in default of payment of the compensation, directed the learned trial court to ensure recovery of the same in accordance with law.

4. The learned trial court vide Judgment of conviction and the order of sentence dated 17.10.2011 passed by the learned Judicial Magistrate, 1st Class, Hazaribag in Complaint Case No.1519/2009 (T.R. No. 933/2011) had convicted the petitioner for the offence under Section 138 of the Negotiable Instruments Act and had sentenced him t

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