LAWS(JHAR)-2022-4-100

PRADEEP KUMAR UPADHAYA Vs. STATE OF JHARKHAND

Decided On April 22, 2022
Pradeep Kumar Upadhaya Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The petitioner is aggrieved of the judgment in Criminal Appeal No.36 of 2013 by which the appellate Court rejected his challenge to the judgment of conviction under Sec. 138 of N.I Act.

(2.) In T.R. No.279 of 2013 which proceeded on Complaint Case No.37 of 2009, the petitioner was charged under Sec. 138 of N.I Act on the allegation that under an agreement with the complainant that in lieu of Rs.4.00 lacs taken as loan he would give Rs.7.00 lacs to the complainant. The agreement was executed in the year 2002 and in connection to the said agreement the petitioner issued two cheques each for Rs.2.00 lacs which on presentation by the complainant were returned from bank with endorsement of insufficient fund. The petitioner was convicted by the trial Judge and sentenced to R.I for two years and fine of Rs.2.00 lacs with a further stipulation to undergo S.I for six months in default of payment of the fine amount. As noticed above, the judgment dated 31 st May 2013 passed in T.R. No.279 of 2013 was challenged by the petitioner but the appeal preferred by him has been dismissed.

(3.) In the order dtd. 18/4/2022, the statements made by the learned counsel for the petitioner and the complainant were recorded which read as under: