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2021 Supreme(Jhk) 1048

ANUBHA RAWAT CHOUDHARY
Rahul Raj @ Rahul son of Late Bharat Prasad – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Suraj Kumar, Advocate
For the Opposite Party : Ms. Mahua Palit, A.P.P.

JUDGMENT :

Heard Mr. Suraj Kumar, the learned Advocate appearing on behalf of the petitioner.

2. Heard Ms. Mahua Palit, the learned A.P.P. appearing on behalf of the Opposite Party No.1-State.

3. None appeared on behalf of the Opposite Party No.2.

4. The present criminal revision is directed against the Judgment dated 21.03.2012 passed by the learned Judicial Commissioner-IX, Ranchi in Criminal Appeal No. 138 of 2011 whereby and whereunder the learned appellate court confirmed the conviction of the petitioner under Section 138 of the Negotiable Instruments Act, but set aside the part of the order of sentence passed by the learned trial court whereby and whereunder the petitioner was directed to pay a compensation amount of Rs.19,50,000/- under Section 357 of Cr.P.C. and remanded back the case to the learned trial court to rehear the parties on the point of sentence and pass the order in terms of the law laid down by the Hon’ble Apex Court in the case of R. Vijjayan –vs- Bebi reported in AIR 2000 SC 528 and also in view of the provision contained under Section 357(3) of Cr.P.C. and the criminal appeal was partly allowed and partly dismissed.

5. The learned trial court vide Judgment of co

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