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2026 DAILYLAW 6317 (JHR)

JAKI AHMAD KHAN ALIAS DABLU v. THE STATE OF JHARKHAND

Cr.Rev./1014/2024 · 2026-04-17

Rongon Mukhopadhyay

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Judgment text

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Neutral Citation No. ( 2026:JHHC:11305 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 1014 of 2024 Jaki Ahmad Khan @ Dablu, aged about 42 years, son of Late Azim Khan, Resident of Shoe House, Near Gurudwara, Main Road, P.O.- G.P.O, P.S. Lower Bazar, District- Ranchi ... … Petitioner Versus 1. The State of Jharkhand 2. Syed Mohammad Tanweer @ Syed Md. Tanweer, son of Syed Md. Zubair, Resident of Gari Khana Chowk, Near Eidgah, P.O. and P.S.- Sukhdeo Nagar, District- Ranchi ... … Opposite Parties --------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --------- For the Petitioner : Mrs. Jasvindar Mazumdar, Advocate For the O.P. No.2 : Mr. Rakesh Kumar, Advocate For the State : A.P.P. --------- 05/17.04.2026 Heard Mrs. Jasvindar Mazumdar, learned counsel for the petitioner, Mr. Rakesh Kumar, learned counsel appearing for the O.P. No.2 as well as learned A.P.P. for the State. In this application the petitioner has challenged the judgment dated 15.06.2024 passed by the learned Additional Judicial Commissioner-X, Ranchi in Criminal Appeal No. 49 of 2024 whereby and whereunder the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 31.01.2024 passed by the learned Judicial Magistrate 1st Class, Ranchi in complaint case no.10382 of 2022 has been affirmed. It has been alleged that the petitioner had taken an amount of Rs.19,00,000/- (Rupees Nineteen Lakh) from the O.P. No.2 as loan with the assurance to return the same within six months. After much persuasion the petitioner had issued a cheque of Rs.14,00,000/- (Rupees Fourteen Lakh) which on being presented to the Bank was dishonored. After issuance of notice to the petitioner a complaint case was instituted by the O.P. No.2 in which cognizance was taken and the trial proceeded. The learned Judicial Magistrate 1st Neutral Citation No. ( 2026:JHHC:11305 ) Class, Ranchi vide judgment dated 31.01.2024 passed in Complaint Case No. 1038 of 2022 had convicted the petitioner for the offence under Section 138 of the N.I. Act and had sentenced him to pay a fine of Rs.15,78,000/- within a period of one month and in default in payment the petitioner was to undergo simple imprisonment for one year. The order dated 31.01.2024 passed by the learned Judicial Magistrate 1st Class, Ranchi was challenged by the petitioner in Cr. Appeal No. 49 of 2024 which however was dismissed by the learned Additional Judicial Commissioner-X, Ranchi vide judgment dated 15.06.2024. It has been submitted by Mrs. Mazumdar, learned counsel for the petitioner that the order of the learned Judicial Magistrate was of payment of fine of Rs.15,78,000/- by the petitioner which has already been paid and therefore the present case be disposed of. The said fact has been reiterated by Mr. Rakesh Kumar, learned counsel for the O.P. No.2. It appears that vide order dated 02.09.2024 an order of no coercive steps was passed in favour of the petitioner on the assurance of the petitioner that the entire amount shall be deposited through demand draft by 09.09.2024. Consequently, an amount of Rs.4,73,400/- was handed over to the O.P. No.2 on 10.09.2024 and accordingly, I.A. No. 7471 of 2024 which was with respect to exemption of the petitioner to surrender was allowed on the same date itself. Since the entire amount was not deposited by the petitioner the O.P.No.2 had moved the Hon’ble Supreme Court of India in Cr. Appeal No. 685 of 2026 in which an order was passed on 04.02.2026 wherein the learned counsel for the petitioner had undertaken to deposit the remaining amount within one month from the said date. Consequent to the said order the petitioner appears to have deposited the Neutral Citation No. ( 2026:JHHC:11305 ) entire amount by way of demand draft before the Registrar General of this Court. In view of the fact that the petitioner has duly deposited the entire fine amount of Rs.15,78,000/- as ordered by the learned Judicial Magistrate 1st Class, Ranchi and affirmed in Cr. Appeal No. 49 of 2024, this application accordingly stands disposed of. Since a draft of an amount of Rs.7,89,000/- which was the balance amount payable to the O.P. No.2 has been deposited before the Registrar General of this Court, an interlocutory application has been preferred by the O.P. No.2 being I.A. No. 3959 of 2026 seeking a direction for release of the said draft in favour of the O.P. No.2. In view of the facts and circumstances of the case as enumerated above and since it is an admitted fact that the draft of an amount of Rs.7,89,000/- is already lying before the learned Registrar General of this Court, the learned Registrar General is directed to release the draft in favour of the O.P. No.2 on an application being made by the O.P. No.2 and on verification of the identification of the O.P. No.2. This revision application stands disposed of. I.A. No. 3959 of 2026 stands disposed of as well. (Rongon Mukhopadhyay, J.) Dated, the 17th April, 2026 Pramanik/- Uploaded on 18 /04/2026