Allowed

Jata Shankar Rai v. the State of Jharkhand and Anr.

Jharkhand HC14 Jun 2019Cr.Rev./472/2013

Case brief

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What is this about?

The High Court of Jharkhand, in a revision application against conviction under Section 138 of the Negotiable Instruments Act, dismissed the impugned orders finding the petitioner guilty and sentenced to six months SIR and fine of Rs.2,2000/- with a compensation of Rs.1.00 Lakh. The Court ordered the petitioner to pay Rs.25.0000/- in five equal installments bi-monthly to the opposite party till Rs

What did the court decide?

Compensation of Rs.1.25 lakhs to be paid in five equal installments of Rs.25,000/- bi-monthly, the 1st installment by 31.07.2019 and total payment by 31.03.2020.

Jata Shankar Rai Vs the State of Jharkhand and Anr. — Cheque Dishonour | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.472 of 2013

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Jata Shankar Rai ….. Petitioner(s) Versus 1. The State of Jharkhand 2. Shiv Shankar Kumar ….. Opposite Party(s) ----CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN ----- For the Petitioner(s) : Mr. Abhay S. Dayal, Advocate For the State : A.P.P For the O.P. No.2 : Mr. Rama Kant Tiwari, Advocate -----

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10/Dated: 14/06/2019

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Heard learned counsels for the parties.

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The instant revision application is directed against the judgement and order dated 07.03.2013, passed by the learned Additional Sessions Judge-XII, Ranchi, in Cr. Appeal No.109/2011 by which the appeal of the petitioner was dismissed with a modification in sentence and directing the petitioner to pay a compensation amount to Rs.1.25 lakh and to pay a fine of Rs.2,000/- and in default in paying the fine to undergo S.I for seven days. The petitioner has also challenged the judgment and order dated 02.07.2011 passed by the Judicial Magistrate 1^st Class, Ranchi in Complaint Case No.1406/2009 whereby the petitioner has been found guilty for the offence under Section 138 of N.I Act and was sentenced to undergo S.I for six months with a fine of Rs.2,000/- and also to pay compensation of Rs.1,00,000/- to the complainant.

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Mr. A.S. Dayal, learned counsel for the petitioner after some argument had contended that the petitioner is an old person and is very poor, and he is not able to pay the entire compensation amount of Rs.1.25 lakhs at a time. He further submits that the petitioner will be able to pay the entire compensation amount with cost of Rs.2,000/- in installments.

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Mr. Rama Kant Tiwari, learned counsel appearing on behalf of the O.P. No.2 fairly agrees to the aforesaid proposal of the learned counsel for the petitioner.

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As agreed by both the parties before this Court, I am of the considered opinion that interest of justice will suffice if the entire compensation amount of Rs.1.25lakhs be paid in installments. In view of the aforesaid discussions, I hereby direct the petitioner to

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pay Rs.25,000/- each in five equal installments bi-monthly. I also direct the petitioner to pay the 1st installment of Rs.25,000/- to the O.P. No.2 on or before 31^st July, 2019 and the entire payment of Rs.1.25 lakhs as directed by the learned appellate court along with cost of Rs.2,000/- be paid as aforesaid latest by 31^st March, 2020.

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With the aforesaid observations, the instant revision application is disposed of and the order dated 07.03.2013 passed by the learned Additional Sessions Judge-XII, Ranchi, in Cr. Appeal No.109/2011, and the order dated 02.07.2011 passed by the learned Judicial Magistrate 1^st Class, Ranchi in Complaint Case No.1406/2009 are set aside.

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(Deepak Roshan, J.)

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Pramanik/

Jata Shankar Rai v. the State of Jharkhand and Anr.

Case brief

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Jata Shankar Rai v. the State of Jharkhand and Anr.

Case brief

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