Chattisgarh High Court
S. Suresh Kumar Naidu vs S.K. Jain on 7 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 974 of 2025
• S. Suresh Kumar Naidu S/o Late S. Ishwar Rao Naidu Aged About 38
Years R/o Block No.13, Room No.14, Sadak 15-B, Sector-2, Bhilai,
Tahsiol And District- Durg (C.G.)
... Applicant
versus
• S.K. Jain S/o Late Sonpal Jain Aged About 62 Years R/o Shop No.307,
Zonal Market Sector-10, Bhilai, Tahsil And District- Durg (C.G.)
... Respondent
(Cause title taken from Case Information System) Order Sheet 07/08/2025 Mr. Jitendra Gupta, counsel for the applicant.
Heard on admission.
Admit.
Issue notice to the respondent on payment of PF as per rules.
Also heard on I.A. No.01/2025, application for grant of stay of effect and operation of order dated 14.07.2025.
By the impugned judgment of conviction and order of sentence dated 14.07.2025 (Annexure-A/1) passed by the learned Sessions Judge Durg, District Durg (C.G.) in Criminal Appeal No.341/2024, applicant has been convicted and 2 sentenced as under :-
S.No. Conviction Sentence
01. u/s 138 of the Sentences till the Court
Negotiable Instruments arises with fine of Act, 1881 Rs.1,03,950/- and in default to pay fine amount to further undergo for 6 months S.I. Learned counsel for the applicant submits that there is no material on record on the basis of which the applicant's conviction can be sustained. He is ready to abide by all the terms and conditions which may be imposed upon him while suspending the recovery of compensation. The conclusion of this revision petition is likely to take considerable time; therefore, he prayed that the recovery of compensation may be suspended till final disposal of the case.
Considering the facts and circumstances of the case, as also the fact that the applicant has been punished with a compensation of Rs.1,03,950/- and the applicant is ready to abide by any terms and conditions imposed by this Court, at this stage, I am inclined to allow I.A. No.1/2025 subject to deposit 50% of the cheque amount by the applicant within a period of 30 days from today, the recovery of the remaining compensation amount shall remain stayed till the final disposal of the instant revision.
Accordingly, I.A. No. 01/2025 is allowed. He shall be 3 released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 26th September, 2025. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to him by the said Court till disposal of this case.
After due verification, the complainant would be at liberty to withdraw the amount deposited by the applicant with a condition to return the said amount whenever the Court directs.
Call for records of the trial Court. List this case thereafter.
Sd/-
(Sanjay Kumar Jaiswal) Judge Digitally DEEPTI signed by JHA DEEPTI NIRALA JHA NIRALA