2026:JHHC:11251 1 Acq. Appeal (C) No.06 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Acq. Appeal (C) No.06 of 2025 ---- Basanti Devi, aged about 54 years, wife of Chhatu Yadav, resident of Budmu, P.O & P.S. Budmu, District Ranchi …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Santosh Kumar Sahu, son of Ram Awtar Sahu, resident of Budmu, P.O & P.S. District Ranchi …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellant : Mrs. Nivedita Kundu, Adv. For the State : Mr. Pankaj Kumar, A.P.P For the Respondent No.2 : Mr. Awanish Shekhar, Adv. ---- 07/Dated: 18th April, 2026 1. Heard the parties. 2. The present acquittal appeal has been filed against the judgment of acquittal dated 24.01.2024 passed by the learned Additional Judicial Commissioner No.VII, Ranchi, in Cr. Appeal No. 115 of 2023 (T.R No.49 of 2023), arising out of Complaint Case No.2585 of 2020, whereby and whereunder the Appellate Court has acquitted the respondent No.2 for the charge under Section 138 of the Negotiable Instruments Act, 1881. The learned Judicial Magistrate-1st, Ranchi has convicted the accused for the offence under Sections 138 of the N.I. Act and has sentenced him to undergo simple imprisonment for one year along with to pay compensation of Rs.1,50,000/- to the complainant and in default thereof, he has been sentenced to undergo six months simple imprisonment. 3. The criminal law has put into motion by filing a complaint case being Complaint Case No.2585 of 2020 against the accused for the offence under Section 138 of the N.I Act, 1881. 4. The brief facts of the case is that there was a friendly relationship between the complainant and the accused. The complainant has given friendly loan of Rs.3,80,000/- for the purpose of business. To repay the loan amount, the 2026:JHHC:11251 2 Acq. Appeal (C) No.06 of 2025 accused had issued a bank cheque bearing cheque No.017678 dated 10.12.2019 drawn in Bank of India amounting to Rs.1,25,000/- in favour of complainant. The complainant presented the cheque for encashment which was returned unpaid on 20.01.2020 due to alternation in amount in the account of accused. Hence, on 03.02.2020 the complainant sent a legal notice through registered post but he refused to pay the cheque amount. Hence, the complaint case has been filed. 5. To substantiate the complainant’s story, altogether two witnesses have been examined. Apart from that the following documents have been proved by the complainant. C.W.1 Basanti Devi is the Complainant. She deposed that in her cross-in-chief that they are neighbours and she has given friendly loan several times to the accused and the same were returned by the accused. Again, she has given friendly loan to the accused but he had not returned the same. She has further deposed that the cheque given by the accused was returned marked as unpaid. Thus, she has given legal notice to the accused and has supported the case of the victim/complainant. In her cross-examination, she has admitted that she has created a group by the transaction of money were done without any ledger. C.W.2 Bindiya Devi has also supported the case of the complainant/victim. 6. Apart from that the following documents have been proved by the complainant. Exhibit-1 is the Cheque No.017687 dated 10.06.2020 of Bank of India for cheque amount of Rs.1,25,000 Exhibit-2 is the cheque return memo dated 16.06.2020 Exhibit-3 is the Legal notice dated 04.07.2020 Exhibit-4 is the postal receipt dated 04.07.2020 Exhibit-5 is the Track Report. 7. The Trial Court has passed the order of conviction dated 31.05.2023. Being aggrieved with the judgment of conviction, the accused has preferred an appeal being Criminal Appeal No.115 of 2023 before the Appellate Court and the learned Appellate Court has passed the judgment of acquittal only on the ground that there is a manipulation in the cheque, while the said cheque was presented for encashment before the Bank and as such, it is hit by Section 87 of the N.I. Act. 2026:JHHC:11251 3 Acq. Appeal (C) No.06 of 2025 8. Learned counsel for the appellant has drawn attention to this Court regarding paragraph No.8 of the Appellate Court judgment, wherein, cheque number has been noted as Cheque No.017687 dated 10.06.2020, while it should be Cheque No.017678 dated 10.12.2019. Learned counsel has submitted that there is a material defect in the judgment and as such, the order passed by the Appellate Court is bad in law. 9. Learned counsel for the State has drawn my attention to Ext.-1 which clearly suggests that the cheque in question has been interpolated and Rs. One Lakh has been added and it also does not bear any signature. Thus, merely on the ground that a cheque number has wrongly been issued cannot be a ground for interference in the judgment of acquittal. 10. Having heard the learned counsel for the parties and from perusal of the impugned cheque, it is quite clear that there is manipulation of the said cheque and that has not been signed by the drawer. Thus, the cheque in question seems to be an interpolated cheque and hit by Section 87 of the N.I Act. 11. Accordingly, this Court finds no reason to interfere with the judgment of acquittal dated 24.01.2024 passed by the learned Additional Judicial Commissioner No.VII, Ranchi in Cr. Appeal No. 115 of 2023 (T.R No.49 of 2023), arising out of Complaint Case No.2585 of 2020. 12. Consequent thereof, the present acquittal appeal is hereby, dismissed. (Rajesh Kumar, J.) Dated: 18th April, 2026 Raja/- Uploaded on 24.04.2026