BHOLA BURNWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Counsel for the petitioner and State are present.

(2.) This criminal revision has been filed against the order dtd. 31/7/2020 passed in Criminal Appeal No. 185/18 by the learned court of Additional Sessions Judge-III, Bermo at Tenughat, whereby the judgment dtd. 9/10/2018, passed by the learned Judicial Magistrate, 1 st Class, Bermo at Tenughat wherein the petitioner is sentenced to undergo R.I. for two years and a compensation amount of Rs.15,20,000.00 for the offence committed under Sec. 138 of the N.I. Act, in connection with Complaint Case No. 504 of 2016, T.R. No. 44 of 2018 for the alleged offence under Sec. 138 of the N.I. Act was interfered to the extent that the petitioner shall undergo 1-year simple imprisonment and also undergo three months S.I. in default of payment of compensation amount.

(3.) The learned counsel for the petitioner submits that I.A. No. 9977 of 2024 has been filed with the prayer for bail. He submits that the petitioner has been convicted for the offence under Sec. 138 of the Negotiable Instruments Act. The petitioner is in custody since 24/4/2024. He submits that the record be called for, notice be issued and petitioner be enlarged on bail. He submits that the courts have not properly considered the evidences on record and no case is made out against the petitioner.