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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Ganesh Ram Paswan S/o Late Lalman Paswan – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. This Criminal Revision has been filed on behalf of the petitioner by challenging the judgment dated 27.02.2019 passed in Criminal Appeal No. 61 of 2018 by Sri Kaushal Kishore Jha, learned Additional Sessions Judge-IV-Gumla by which learned Additional Sessions Judge-III, Hazaribag has dismissed the appeal filed by the petitioner by affirming the judgment of conviction and order of sentence dated 17.03.2018 passed by Sri Yogesh Kumar Singh, the learned Judicial Magistrate-1st Class, Hazaribagh in Complaint Case No. 271 of 2016, T.R. No. 389 of 2018 by which the petitioner has been convicted for the offences under section 138 of Negotiable Instrument Act and sentenced to undergo S.I. for one year and to pay the fine of Rs. 4,00,000/- including cheque amount (three lacs) as compensation.
2. I.A. No. 522 of 2025 has been filed on behalf of the petitioner for grant of bail, during pendency of the present Criminal Revision Application .
3. Heard, learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No. 2.
4. It is submitted by the learned counsel for the petitioner that initially the petitioner could not complied with the order dated 11
The court held that prolonged custody and failure to comply with bail conditions necessitate a reevaluation of bail eligibility under statutory requirements.
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.
The interpretation of Section 148 of the Negotiable Instruments Act regarding the period for depositing the cheque amount influenced the court's decision to modify the condition imposed by the lower ....
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.
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