RONGON MUKHOPADHYAY,J. - (1.) No one appears on behalf the petitioner although Mr. Shekhar Sinha, learned A.P.P. for the State is present.
(2.) This application is directed against the Judgment and order of conviction and sentence dated 05.12.1994 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 239 of 1990 (T.R. No. 124 of 1994) whereby and where under the petitioner has been convicted for the offences punishable under section 418/109 of the I.P.C. and sentenced to undergo R.I. for one year. The petitioner has also challenged the Judgment and order dated 08.09.2000 passed in Cr. Appeal No. 8 of 1995 by the learned 5th Additional Sessions Judge, Dhanbad by which the Judgment passed by the learned trial court has been affirmed.
(3.) It appears from the prosecution case instituted by the daughter of the petitioner is that the wife of the petitioner was working in BCCL and she has opted for voluntary retirement after which the petitioner was appointed in BCCL. It is alleged that the petitioner had given an undertaking that he shall make payment of Rs. 300/- per month to the complainant who is his daughter and half of the property but subsequent to the remarriage of the petitioner with one Chameli Devi the amount of Rs. 300/- per month was stopped being paid to the complainant which resulted in the institution of the Complaint Case. After conducting an inquiry cognizance was taken for the offences punishable under section 418/109 of the I.P.C. and in course of trial the learned trial court having found the petitioner guilty for the said offence and accordingly convicted and has sentenced him to undergo R.I. for one year. The Judgment of the learned trial court has been affirmed in Cr. Appeal No. 8 of 1995 passed by the learned 5th Addition Sessions Judge, Dhanbad.;