JHARKHAND HIGH COURT ISSUES ORDER ON RITA DEVI V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, Sept. 30 -- Jharkhand High Court issued the following order on Aug. 29:

1. This criminal revision application has been directed against the judgment dated 18.12.2024 passed by learned Sessions Judge, Hazaribag in Criminal Appeal No.58 of 2024 whereby learned court has been pleased to dismiss the appeal and affirm the order of conviction and sentence dated 22.7.2024 passed by learned Judicial Magistrate First Class, Hazaribag in connection with Complaint Case No.156 of 2021, T.R. No.418/2024 whereby the petitioner has been sentenced to undergo SI for one year under section 138 of Negotiable Instruments Act and also directed to pay Rs.9 lacs by way of compensation to the complainant including the cheque amount and expenses incurred by complainant under section 357(3) Cr.PC and in default of payment thereof convicted further to undergo three months SI.

2. Learned counsel for petitioner submits that the petitioner has already surrendered before the learned court and she is in custody since 6.3.2025 and before the appellate court she has deposited a sum of Rs.1,80,000/-. He further submits that petitioner has remained in custody for about six months and sentence is of one year and in view of that, the petitioner may kindly be granted bail.

3. Learned State counsel as well as the learned counsel for the complainant /O.P.No.2 oppose the prayer and submit that there are concurrent finding of two learned courts and in view of that the petitioner is required to pay compensation amount to the complainant.

4. In view of above it is an admitted position that the petitioner has deposited Rs.1,80,000/- and that has not been denied by the learned counsel for the complainant and she is in custody since 6.3.2025 and the sentence is of one year, I am inclined to grant regular bail to the petitioner.

5. Accordingly, petitioner, above named, is, hereby, directed to be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Judicial Magistrate First Class, Hazaribag in connection with Complaint Case No.156 of 2021, T.R. No.418/2024.

6. The learned counsel for the O.P.no.2 submits that since the matter is arising out of section 138 of Negotiable Instruments Act and the trial court records have already been called for by the earlier order, and in view of that, this matter may kindly be taken up at an early date for final disposal.

7. Let this matter appear after four weeks.

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