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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Revision No.1062 of 2014

Smt. Suman Singh, Wife of Shri Amit Kumar Singh, Resident of Shurter

India Company, 305A, Oswai Chamber, 2-Church Lane, P.O. GPO, P.S.

GPO, Town & City Kolkata (West Bengal)

..…

Petitioner

Versus

1.The State of Jharkhand

2.Shri Bijay Kumar, Son of Sri Kallu Prasad Sah, Working as Branch

Manager, State Bank of India, Mirzachowki, Branch, resident of New

Rajendra Nagar, Mahubani, P.O., Madhubani, P.S. Madhubani, Bihar

…..

Opposite Parties

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner(s)

: Mr. Indrajit Sinha, Advocate

For the State

: A.P.P

For the O.P.No.2

: Mr. Rajesh Kumar, Advocate

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CAV on: 20/12/2019,

Pronounced on: 31/01/2020

1.

The instant criminal revision application is directed against

the judgment dated 24.07.2014, passed by the learned Principal

Sessions Judge, Sahibganj in Criminal Appeal No.24 of 2014, whereby

the appeal preferred by the petitioner has been dismissed and the

judgment of conviction and order of sentence dated 14.02.2014, passed

by the learned Judicial Magistrate, 1^st Class in P.C.R Case No.366 of

2007 corresponding to T.R. Case No.151 of 2014 whereby the petitioner

has been convicted for the offence under Section 138 of Negotiable

Instrument Act and sentenced to undergo simple imprisonment for a

period of one year and to pay a fine of Rs.74,05,000/- (Rs. Seventy four

lacs and five thousand) out of which Rs.74,00,000/- (Rs. Seventy four

lacs) will be given to the complainant as compensation under Section 357

Cr.P.C. and in default of payment of fine further S.I. for six month, has

been affirmed.

2.

The prosecution case in brief is that a current account bearing

No.0109000817300 at S.B.I Mirzachowki Branch was opened and

operated by Ramakant Singh through power of attorney holder Ashu

Singh (in the style Ramakant Singh POA Ashu Singh) having over draft

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facility. On 30.04.2007 the outstanding dues in the said account was

Rs.83,60,645/- (Eighty three lack sixty thousands six hundred and forty

five)only. The account holder in the course of repayment of his debts and

liabilities requested the complainant Branch to purchase/discount three

cheques bearing Nos.169313 dated 05.05.2007 for Rs.20,00,000/-

(Twenty Lacs), 169314 dated 07.05.2007 for Rs.30,00,000/-(Thirty lacs)

and 169315 dated 08.05.2007 for Rs.24,00,000/-(Twenty four lacs). All

the cheques were drawn by the accused Suman Singh in favour of

Ramakant Singh POA Ashu Singh on her account No.1051050168882

maintained

at

the

HDFC

Bank,

Constancia

Building,

Dr.

U.N.Brahmachari

Street,

Kolkata

7000017.

On

30.04.2007,

the

complainant Bank purchased the said cheques and credited amount

against the outstanding dues of the account holder resulting the

reduction

of

the

outstanding

dues

in

the

said

account

to

Rs.10,22,310(Ten lacs twenty two thousand three hundred ten) only. The

cheques were presented to the drawee bank but they were returned on

30.07.2007, due to the reason that the accused had stopped payment of

the said cheques. After further correspondence, the drawee bank by

letter dated 13.08.2007 informed that the balance in the account of

accused on 30.07.2007 was Rs.30008.28/- (Rs. Thirty thousand eight

and twenty eight paise) only. Thereafter, legal notice vide letter dated

22.08.2007 was given by the complainant to repay by letter dated

21.09.2007. Remaining unpaid, the complainant filed the complaint

petition dated 05.10.2007 in the court of learned Chief Judicial

Magistrate, Sahibganj.

3.

On the basis of aforesaid complaint petition the case was registered

and finally the charge was framed against the petitioner for which she

pleaded not guilty and claimed to be tried.

4.

The learned trial court after dealing with the evidences, both oral