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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Rajesh Kumar Mahanti @ Rajesh Mahanti Son Of Chitrasen Mahanti – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
It appears from the Office note that the Notice has been received by the wife of the O.P. No.2, which was issued to the O.P. No.2 in the light of order dated 11.09.2024, passed by the Co-ordinate Bench (Justice Ratnaker Bhengra, as His Lordship then was) of this Court, however, when the case was called out none appeared for the O.P. No.2.
2. This Criminal Revision has been filed on behalf of the petitioner challenging the judgment dated 07.12.2023, passed by Sri Vishwa Nath Shukla, learned Sessions Judge, West Singhbhum at Chaibasa, in Criminal Appeal No. 95 of 2023, by which the learned Appellate Court has dismissed the appeal affirming the judgment of conviction and order of sentence dated 21.07.2023 passed by Sri Rishi Kumar, learned Judicial Magistrate, Ist Class, at Chaibasa in Complaint Case No.390 of 2019 (T.R.No. 357 of 2023), by which the petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo Simple Imprisonment for One (01) year and Six (06) months and to pay a fine amount of Rs.11,00,000/- to the Complainant by way of compensation.
I.A. No. 7643 of 2024
3. This Interlocutory
The court emphasizes the importance of a claimant's conduct in relation to loan agreements and considers custody duration in granting bail under the Negotiable Instruments Act.
Provisional bail can be granted during the pendency of a revision application when the accused is willing to settle the dispute and has been in custody for an extended period.
Provisional bail can be granted where the accused has been in custody for an extended period, especially in cases involving personal relationships and absence of the complainant, balancing personal l....
The court granted provisional bail to the petitioner based on the circumstances of the case and custody status, requiring a deposit of Rs. 1,00,000/- as a condition.
The court affirmed the conviction under Section 138 of the N.I. Act, emphasizing the necessity of compensation and the legal obligation of cheque issuance.
The main legal point established in the judgment is the application of the presumption under Section 139 of the Negotiable Instruments Act and the importance of proving the contrary to rebut the pres....
Point of Law : To ensure due payment to the drawee of a cheque, the court trying the offence is empowered under section 138 of the Negotiable Instrument Act to impose a sentence of imprisonment which....
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