Radheshyam Chouhan vs Krishna Kumar Mishra
2021 Latest Caselaw 3810 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                               CRR No. 970 of 2021
       Radheshyam Chouhan S/o Aghorilal Chouhan, Aged About 52 Years R/o Near
        Old Petrol Pump, Kasdol, District Balaudabazar Bhatapara (Chhattisgarh),
        District : Balodabazar-Bhathapara, Chhattisgarh
                                                                           ---- Applicant
                                       Versus
       Krishna Kumar Mishra S/o Laxmi Narayan Mishra, Aged About 42 Years R/o
        Baigandabri, Police Station And Tahsil Kasdol, District Balaudabazar Bhatapara
        (Chhattisgarh), District : Balodabazar-Bhathapara, Chhattisgarh
                                                                        ---Respondent

21.12.2021 Mr. Ganesh Ram Burman, counsel for the applicant.

Mr. Anand Verma, Govt. Advocate for the State/respondent. Heard on admission.

Admit.

Also heard on application for grant of interim relief/stay. This criminal revision has been filed being aggrieved by the judgment dated 10.11.2021 passed by the learned Second Additional Sessions Judge, Balodabazar, District- Balodabazar (C.G.) in Criminal Appeal No. 02/2020 arising out of the judgment dated 03.12.2019 passed by learned Judicial Magistrate First Class, Kasdol, District- Balodabazar- Bhatapara (C.G.) in Criminal Case No. 369/2014, whereby the applicant has been convicted and sentenced in the following manner:-

Conviction Sentence U/s 138 of Negotiable : Till raising of Court and fine of Rs. Instrument Act 4,50,000/- and in default of payment of fine additional S.I. for 3 months.

It is submitted on behalf of the applicant that the applicant has been erroneously convicted. His signature on the cheque is tallied but other details filled up were not his writing, therefore, he is not liable for bouncing of the cheque. He would further submit that the applicant has already deposited an amount of Rs. 90,000/- out of fine amount of Rs. 4,50,000/-.

Considering that there is likelihood of delay in final hearing of this revision petition, therefore, this application is allowed with condition that the applicant shall make further payment of Rs. 1,10,000/- within two months from today and remaining part of the compensation amount shall remain suspended.

List this case for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

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