RAJU MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the informant petitioner and learned A.P.P. for the State.

(2.) THE petitioner is aggrieved by Judgment dated 27th September 2012 passed by the learned Addl. Sessions Judge -V, Dhanbad, in Cr. Appeal No. 35 of 2012, whereby the appeal filed against the Judgment of conviction and Order of sentence dated 21st December 2011 passed by Sri Manoj Chandra Jha, learned Judicial Magistrate 1st Class, Dhanbad, in G.R. No. 295 of 2008 / T.R. No. 214 of 2011 arising out of Bhagmara P.S. Case no. 28 of 2008, has been allowed by the learned Appellate Court below, setting aside the conviction and sentence of the accused -opposite parties Nos. 2 to 3.

(3.) FROM the Judgment of the Trial Court, it appears that no cheque was seized by the Investigating Officer nor produced by the prosecution and even the dishonour of the alleged cheques were not proved by the prosecution. As the main ingredients for the offence under Section 138 of the Negotiable Instruments Act could not be proved, the accused -opposite parties were acquitted for the said offence. On the question of entrustment of money to the accused persons, the Court below found that the prosecution had failed to prove the entrustment of money to the accused persons and accordingly, acquitted them for the offence under Section 406 of the Indian Penal Code also, but finding that ingredients of cheating was made out, the accused opposite parties were convicted for the offence under Section 420 of the Indian Penal Code and sentenced for the same.