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2024 Supreme(Jhk) 120

SUBHASH CHAND
Rakesh Kumar Sinha, son of late Ramesh Chandra Sinha – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.S. Mazumdar, Mr. Lukesh Kumar, Advocate
For the Respondent:Mr. Arup Kumar Dey, Mr. Indrajit Sinha, Mrs. Jyoti Nayan, Mr. Prem Piyari, Advocate

JUDGMENT :

SUBHASH CHAND, J.

1. This Criminal Revision has been preferred against the impugned judgment dated 10.03.2021 passed by the learned District & Sessions Judge-VII, Hazaribag in Criminal Appeal No.92 of 2017, whereby and whereunder, dismissed the appeal and affirmed the judgment of conviction and the order of sentence dated 26.07.2017 passed by the learned Judicial Magistrate, 1st Class, Hazaribag in C.P. Case No.895 of 2014 corresponding to T.R. Case No.3590 of 2017, wherein the petitioner had been found guilty for the offence under Section 138 of the N.I. Act and had been sentenced to undergo RI for one year and directed to pay Rs.24,00,000/-as compensation to the complainant exercising the power under Section 357(3) of the Code of Criminal Procedure.

2. The brief facts leading to this Criminal Revision are that the complainant-opposite party Baldeo Prasad Mehta had filed a complaint with these allegations that he had good terms with the accused Rakesh Kumar Sinha, who wanted to sell his land, so he approached to the complainant and complainant became ready to purchase the same and Rs.20 lakhs was given in advance. Despite having taken the advance amount of Rs.20 lakhs from

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