Criminal revision against conviction under section 138 NI Act and sentence of Rs. 3 lakh compensation was dismissed as the petitioner repeatedly failed to remove filing defects or appear despite coercive processes issued.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 51 of 2020
Suneet Kumar Singh @ Pappu Singh, aged about 40 years, son of late Dudheswar Singh (Prop. Sai Enterprises), resident of Haludbani, Shiv Mandir Road, Near Hanuman Mandir, P.O. and P.S. Parsudih, Town Jamshedpur, District- East Singhbhum … … Petitioner Versus
… … Opposite Parties
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioner : Mr. Mayank Kumar, Advocate For the Opp. Party-State : Mr. Prabhu Dayal Agrawal, Spl. PP
07 /04.04.2024 Learned counsel for the parties are present.
2. This criminal revision application has been filed for quashing and setting aside the judgment of conviction and order of sentence dated 21.02.2019 passed in C/1 Case No. 1748 of 2015, T.R. No. 1185 of 2019 by learned Judicial Magistrate, Ist Class, Jamshedpur whereby and whereunder learned Judicial Magistrate has found the petitioner guilty for the offence punishable under section 138 of the Negotiable Instruments Act and sentenced him to pay a compensation amount of Rs. 3 lakhs for the offence punishable under section 138 of the Negotiable Instruments Act, and in default of payment, the petitioner was to undergo Simple Imprisonment for three months. The petitioner has also prayed for quashing and setting aside judgment dated 17.07.2019 passed by learned Sessions Judge, East Singhbhum, Jamshedpur whereby and whereunder the Criminal Appeal No. 68 of 2019 preferred by the petitioner has been dismissed and the judgment dated 21.02.2019 passed by the learned Judicial Magistrate, was affirmed.
3. Learned counsel for the petitioner prays for further time to remove the surviving defects.
4. On 24.08.2021, in spite of repeated calls, nobody had appeared on behalf of the petitioner. It was recorded by this Court on 24.08.2021 that revision application was filed on 14.01.2020 but the surrender certificate was not filed and other defects were also not removed. However, by way of last chance, three weeks’ time was granted to the petitioner to remove the defects and either to produce surrender certificate or to deposit the fine amount as directed by the learned trial Court, failing which the concerned Court was directed to take all possible steps for apprehension of the petitioner and commit him to jail for serving the sentence.
5. Thereafter, the case was taken up on 24.02.2022 and it was recorded that even till date neither the limitation petition nor the surrender certificate was filed. The Court concerned was directed to take all coercive steps for apprehension of the petitioner and commit him to jail for serving the sentence and report to this Court within three weeks.
6. A report has been received from the concerned Court indicating that on 04.03.2022 process under section 82 of Code of Criminal Procedure was issued against the petitioner, but no service report was received. It was also recorded that considering the fact that the convict was absconding, on 12.03.2024 the Court had issued process under section 83 of Code of Criminal Procedure against the petitioner for attachment of his property.
7. This Court finds that in spite of repeated orders and opportunities, the petitioner has not removed the surviving defects and accordingly, this Court is not inclined to grant any further time to the petitioner to remove the defects.
8. Accordingly, this criminal revision petition is hereby dismissed.
9. Pending interlocutory application, if any, is closed.
10. Let a copy of this order be communicated to the Court concerned through ‘FAX’.
(Anubha Rawat Choudhary, J.)
Pankaj
2
3 provisions across 2 enactments
Suneet Kumar Singh @ Pappu Singh
The State of Jharkhand
Arbind Kumar Singh
Anubha Rawat Choudhary
As recorded by the court registry
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