UMESH KUMAR RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been preferred for setting aside the judgment dtd. 2/5/2018/3/5/2018 passed by learned 2nd Additional District and Sessions Judge, Muzaffarpur in Cr. Appeal No. 87/2017 whereby and whereunder the learned Judge has been pleased to dismiss the said criminal appeal and refused to interfere with the judgment of conviction and sentence dtd. 25/8/2017 passed by learned Additional Chief Judicial Magistrate (East), Muzaffarpur in complaint case no. C- 1557/12. By the impugned judgment and order the petitioner has been convicted under Sec. 138 of the Negotiable Instrument Act (hereinafter referred to as the "N.I. Act") and the learned court has directed the petitioner to pay double of the original amount of the cheque (3,47,000) and to undergo one year simple imprisonment. The period gone under the judicial custody will be set off under Sec. 428 of the Cr.P.C.

(2.) The learned Magistrate, however vide his order dtd. 28/1/2014 took cognizance only under Sec. 138 of the N.I. Act.

(3.) In this Court, learned counsel for the accusedpetitioner has reiterated the plea of non-service of notice. The following two grounds have been urged: