DEEPAK KUMAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) No one appears on behalf of the petitioner as also on behalf of the opposite party no. 2. However, Mr. S.K. Srivastava, learned A.P.P. for the State is present. As this matter is pending since 2008 the same is being disposed of on consideration of the materials available on record.

(2.) This application is directed against the judgment dated 21.01.2008 passed by the learned Additional Judicial Commissioner Vth, Ranchi in Cr. Appeal No. 255/2006, by which the judgment and order of conviction and sentence dated 22.11.2006 passed by the learned Judicial Magistrate Ist Class, Ranchi in Complaint Case No. 608/2002 has been affirmed.

(3.) The prosecution story in brief arising out of a complaint petition is that the complainant is the authorized distributor of M/s. Pan Jon Pharma Ltd. Indore. In course of business dealing products worth Rs. 97,000/- was supplied on credit to the petitioner who runs a medical shop at Jugsalai, Jamshedpur. Towards part payment a cheque of Rs. 32,965 drawn on IDBI Bank Telco Township Jamshedpur bearing No. 000727 dated 05.06.2002 was handed over to the complainant and on presentation the same was returned dishonored with an endorsement "insufficient fund". It has been alleged that a legal notice was issued on 03.08.2002 which was acknowledged by the petitioner on 12.08.2002 and since in spite of the same when the amount was not returned Complaint Case No. 608/2002 was instituted.