NAVEEN BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner has submitted that the surviving defect is in connection with the case number which has been mentioned in the Appellate Court's judgment in paragraph 1. He submits that in paragraph no. 1 it has been mentioned that the case number is G.R. Case No. 229 of 2022 arising out of Khunti P.S. Case No. 119 of 2021. But the correct case number is reflecting from paragraph no. 3 of the said judgment wherein the case number has been mentioned as Khunti P.S. Case No. 110/2021 dtd. 7/8/2021. The learned counsel has also submitted that trial court's judgment has also been placed on record and there is no discrepancy with regard to G.R. Case number. He submits that surviving defect may be ignored.

(2.) Considering the aforesaid submission, the surviving defect no. 9(iii) is ignored for the present subject to any objection that may be raised by the opposite parties.

(3.) This criminal revision application is directed against the judgment and order dtd. 27/3/2024, passed in Criminal Appeal No. 18/2023, by the learned District and Additional Sessions Judge-II, Khunti whereby the Judgment dtd. 19/4/2023, passed by learned Chief Judicial Magistrate, Khunti in connection with Khunti P.S. Case No. 110/2021, corresponding G.R. Case No.229/2022, subsequently T.R. No.181/2023 is partly allowed and upheld the acquittal of petitioner U/S 406 I.P.C. and U/S 138 of the Negotiable Instrument Act, however judgment of acquittal of petitioner U/S 420 I.P.C. has been set aside and he is convicted thereunder and awarded sentence of R.I. for Five (5) years and fine of Rs.50,000.00 in default in payment of fine further S.I. one(1) year.