Shashi Bhushan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.766 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ===========================================================

1. Shashi Bhushan, son of Late Bhuneshwar Prasad Yadav, resident of Mohalla/Village- Chandradutt Bhawan, 2nd Floor, Dhobigali, Dariyapur Gola, P.S.- Kadamkuan, Dist. Patna .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Purushottam Kumar, son of Sri Dadan Pandey, resident of Ganga Bihar Colony, Anisabad, Beur, P.S.- Beur, District- Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sucheta Yadav, Advocate For the Respondent/s : Mr. Dilip Kumar, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 01-10-2015 The Petitioner seeks revision of the judgment and order of conviction dated 06.05.2014 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.2047- C of 2010, by which he has convicted and sentenced the Petitioner to undergo simple imprisonment for one year under Section 138 of the Negotiable Instrument Act with compensatory fine of `40,000/- as also the judgment dated 08.04.2015 passed by the Additional Sessions Judge, III, Patna, Cr. Appeal No.2145 of 2014 by which he has affirmed the aforesaid judgment.

Having gone through the judgments impugned, I do not find any merit in this Revision Application and the same is rejected. However, considering the period of custody undergone

Patna High Court CR. REV. No.766 of 2015 dt.01-10-2015 2/2 by the Petitioner, his sentence is reduced to the period already undergone by him.

However, he shall be released only when he deposits `20,000/-(twenty thousand) in the Court below as compensation to the Complainant.

(Anjana Prakash, J) JA/- U T