ISHTA NARAYAN MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. K. S. Nanda, learned counsel for the petitioner, Mr. Rakesh Kumar, learned A.P.P. for the State and Mr. Manoj Kumar, learned counsel for the opposite party no. 2.

(2.) This application is directed against the judgment dated 19.08.2008 passed by the learned Sessions Judge in Criminal Appeal No. 108 of 2007 whereby and whereunder the judgment and order of conviction and sentence dated 17.05.2007 passed in Case No. C/1 - 125 of 2001 by the learned Judicial Magistrate 1st class, Jamshedpur convicting the petitioner for the offence under Section 138 of Negotiable Instrument Act and sentencing him to undergo Simple Imprisonment for 6 months and to pay a compensation of Rs. 69,882/- and 74,085/- has been affirmed.

(3.) A complaint case was instituted by the opposite party no. 2 herein in which it was stated that the firm of the complainant opposite party no. 2 carries on the business of steel material. The petitioner is the Managing Director of M/s. Everest Electrical & Engineering Co. (P) Ltd.