PRABHAS SINGH PRABHAS KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the complainant, who has appeared in this case.

(2.) The petitioner has challenged the Judgment of conviction and Order of sentence dated 30 th June 2005 passed by Sri Kumar Kranti Prasad, learned Judicial Magistrate, 1 st Class, Jamshedpur, in C 1 Case No. 513 of 2002 / T.R. No. 888 of 2005, whereby the accused-petitioner was convicted for the offence under Section 138 of the Negotiable Instrument Act and upon hearing on the point of sentence, the petitioner was sentenced to undergo simple imprisonment for one and half years and also to pay a fine of Rs.5,000/-, in default whereof, the petitioner was further directed to undergo simple imprisonment for one month.

(3.) The said Judgment was challenged by the petitioner in Cr. Appeal No.108 of 2005, which was also considered and rejected by the learned Additional Sessions Judge, East Singhbhum, Jamshedpur, by the Judgment dated 17 th May 2007. The learned appellate Court below, however, reduced the sentence of the petitioner from simple imprisonment of one and half years to one year and with this modification in the order of sentence, the appeal filed by the petitioner was dismissed.