ANUBHA RAWAT CHOUDHARY
Triloki Singh, son of Late Tarkeshwar Singh – Appellant
Versus
State of Jharkhand – Respondent
Question 1? Question 2? Question 3?
Key Points: - The court acquitted the petitioner under Section 138 NI Act due to failure to prove essential timelines and service of legal notice, and perverse conviction lacking record of legal notice [20000302170027][20000302170024] - Absence of exhibited legal notice and date of dispatch/service undermined the prosecution’s case under NI Act, Section 138 [20000302170020][20000302170022] - Revision allowed; lower courts’ judgments set aside; petitioner acquitted; records returned; proceedings pending closed [20000302170027][20000302170028][20000302170031]
ORDER :
Anubha Rawat Choudhary, J.
Heard Mr. A.K. Sahani, learned counsel appearing on behalf of the petitioner.
2. Heard Mr. Anish Mishra, learned counsel for the State, Advocate.
3. Heard Mr. Tapas Roy, learned counsel appearing on behalf of the State.
4. Present revision petition is directed against the judgment dated 19th September 2012 passed by learned Additional Sessions Judge-I, Palamau at Daltonganj in Cr. Appeal No.20 of 2006, affirming the judgment of conviction, but modifying the sentence of the petitioner in connection with the offence under Section 138 of Negotiable Instrument Act, 1882 (Hereinafter referred as N.I. Act).
5. The petitioner was convicted vide judgment and sentence dated 27.02.2006 passed by learned Judicial Magistrate, 1st Class, Palamau at Daltonganj in C.P. Case No.189 of 1997 (T.R. No.442 of 2006), under Section 138 of N.I. Act and was sentenced for simple imprisonment for a period of one year with a fine of Rs.2,000/- and in default of payment of fine, he was directed to undergo further simple imprisonment for a period of three months.
6. The learned Appellate Court modified the sentence and directed that the petitioner would pay a fine of Rs.2,10,000/- a
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