C.A.V.On 19.06.2026 Pronounced On:20/07/2026
1. The instant Criminal Revision is directed against the judgment
dated 27th January, 2016 passed by learned Additional Sessions
Judge-III, Hazaribag in Criminal Appeal No. 160 of 2014,
whereby and whereunder, the conviction and sentence of the
appellant passed by learned Judicial Magistrate, 1st Class,
Hazaribag in Complaint Case No. 679 of 2011/T.R. No. 3244 of
2014 for the offence under section 138 of Negotiable Instrument
Act has been upheld.
2. Factual matrix giving rise to this revision is that both the parties
i.e. the petitioner and opposite party No. 2 are well known to
each other and in the month of January, 2010, the petitioner
Criminal Revision No.907 of 2016
2026:JHHC:21527
received Rs. 45,500/- from the complainant for installing a
mobile tower on his land but the petitioner-accused failed to do
so and assured the complainant for repayment. The petitioner in
discharge of his liability issued a cheque for a sum of Rs.
45,500/- drawn on IDBI Bank. It is further alleged that the
complainant presented the said cheque but the same was
dishonoured on 26.04.2011 due to insufficient fund in the
account of the accused-petitioner. Thereafter, the complainant
sent legal notice through registered post on 09.05.2011 at the
home address of the accused for repayment, but in spite of
acknowledgement of the legal notice by the petitioner on
12.05.2011, the accused did not pay the cheque amount to the
complainant. Hence, the complaint was filed.
