Sanoj Kumar Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2024)

Sanoj Kumar Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Permission to withdraw granted; criminal revision application dismissed as withdrawn; pending I.A., if any, closed. No substantive adjudication occurred and the affirmed conviction/sentence stand undisturbed.

Issue for consideration

Whether permission should be granted to withdraw the criminal revision application filed against the affirmed Section 138 Negotiable Instruments Act conviction and sentence.

Court's answer

With the petitioner's counsel seeking withdrawal and counsel for the opposite parties raising no objection, the Court permitted withdrawal and dismissed the criminal revision application as withdrawn.

Ratio / Principle

Pending I.A. (interlocutory application), if any, attached to the revision is closed consequent upon dismissal as withdrawn.

Detailed headnote1 paragraphs

Dismissed as withdrawn — High Court of Jharkhand at Ranchi (Anubha Rawat Choudhary, J.), Cr. Revision No. 37 of 2020, decision dated 09.03.2024: Sanoj Kumar sought and obtained withdrawal of his revision directed against the judgment and order dated 30.11.2019 of the Sessions Judge, Jamshedpur in Criminal Appeal No. 114 of 2018, whereby the petitioner's conviction under Section 138 of the Negotiable Instruments Act and sentence dated 21.04.2018 passed by Judicial Magistrate 1st Class, Jamshedpur in C/I Case No. 231/2012 — simple imprisonment for thirty days and fine of Rs. 4,00,000/- (Rs. 3,95,000/- to the complainant as compensation; Rs. 5,000/- to Nazarat, Civil Court, Jamshedpur; imprisonment for three months in default) — had been affirmed. Withdrawal was sought by petitioner's counsel (Amit Kumar) and met no objection from counsel for the opposite parties (Santosh Kr. Shukla and Abhijeet for the State); the revision was dismissed as withdrawn and pending I.A., if any, closed. No substantive point was pleaded or adjudicated before this Court, so the affirmed conviction and sentence stand undisturbed; the order was to be communicated to the court concerned through e-mail/FAX.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Revision No. 37 of 2020

Sanoj Kumar, Son of Dashrath Prasad, Age 27 years, resident of Golpahari (behind golpahri Hanuman mandir), P.O. and P.S. Parsudih, Town Jamshedpur, District East Singhbhum … … Petitioner

Versus

The State of Jharkhand

Sunil Kumar, S/o Shri Daya Sagar Thakur, R/o Golpahari (behind Golpahari Gayatri Mandir), P.O.- Tata Nagar, P.S.- Parsudih, Town- Jamshedpur, Distt.East Singhbhum. … … Opp. Parties

CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

--For the Petitioner : Mr. Amit Kumar, Advocate For the State : Mr. Santosh Kr. Shukla, Advocate : Mr. Abhijeet, Advocate

09/14^th March 2024

1. Learned counsel for the parties are present.

2. This revision application has been filed against the judgment and order dated 30.11.2019 passed in Criminal Appeal No. 114 of 2018 by the learned Sessions Judge, Jamshedpur, whereby the judgment of conviction and order of sentence dated 21.04.2018 passed by the learned Judicial Magistrate, 1^st Class, Jamshedpur in C/I Case No. 231/2012 has been affirmed. The petitioner was convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for thirty days and also a fine of Rs. 4,00,000/-. Out of the fine amount, a sum of Rs. 3,95,000/- was directed to be paid to the complainant as compensation and Rs. 5,000/- be deposited in the Nazarat, Civil Court, Jamshedpur and in default, the petitioner was to undergo imprisonment for a period of three months.

3. The learned counsel for the petitioner seeks permission to withdraw this revision application.

4. Learned counsel for the opposite parties has no objection to the prayer made for withdrawal.

5. Accordingly, this criminal revision application is dismissed as withdrawn.

6. Pending I.A, if any, is closed.

7. Let a copy of this order be communicated to the court concerned through

‘e-mail/FAX’.

(Anubha Rawat Choudhary, J.)

Mukul