Mausumi Jana vs Raju Alias Parmanand Madhwani
2021 Latest Caselaw 3815 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                               CRR No. 972 of 2021
        Mausumi Jana W/o Shri Abhishek Tyagi Aged About 34 Years R/o House No.
         187, Phase 4, Kabir Nagar, P.S. Kabir Nagar, Tehsil Raipur, Naya Raipur, District
         Raipur Chhattisgarh.
                                                                           ---- Applicant
                                       Versus
       Raju Alias Parmanand Madhwani S/o Late Shri Gaumal Aged About 63 Years
        Raj Bricks Field Proprietor Raju Alias Parmanand, R/o Mauza Kasdol, P.S. And
        Tehsil Kasdol, District Balodabazar Bhatapara Chhattisgarh.
                                                                        ---Respondent

21.12.2021 Mr. Prateek Sharma, counsel for the applicant.

This criminal revision has been filed being aggrieved by the judgment dated 27.10.2021 passed by the learned Second Additional Sessions Judge, Balodabazar, District- Balodabazar (C.G.) in Criminal Appeal No. 18/2020 arising out of the judgment dated 03.03.2020 passed by learned Judicial Magistrate First Class, Kasdol, District- Balodabazar-Bhatapara (C.G.) in Criminal Case No. 446/2017, whereby the applicant has been convicted and sentenced in the following manner:-

Conviction Sentence U/s 138 of Negotiable : S.I. for 6 months and compensation of Instrument Act Rs. 4,48,000/-

It is submitted on behalf of the applicant that the applicant has been erroneously convicted. He would further submit that the applicant has already deposited an amount of Rs. 89,600/- out of fine amount of Rs. 4,48,000/-.

Considering that the sentence imposed upon the applicant is six months and there is likelihood of delay in final hearing of this revision petition, I feel inclined to allow the application for suspension of sentence and grant of bail with condition that applicant shall make further payment of Rs. 1,10,000/- of fine amount of compensation imposed upon him. The remaining part of compensation amount shall remain suspended.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the applicant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 18 th February, 2022. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said court till the disposal of this revision.

List this case for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

Deshmukh