Kanshiram Bhoi vs Prakashchandra Goyal
2021 Latest Caselaw 220 Chatt

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                                                                                NAFR
            HIGH COURT OF CHHATTISGARH, BILASPUR

               Proceedings through Video Conferencing
                               CRR No. 320 of 2021
     • Kanshiram Bhoi S/o Yudhishthir Bhoi Aged About 51 Years R/o
       Village - Bhokludih, Police Station - Pithaura, District -
       Mahasamund Chhattisgarh
                                                                        ---- Applicant
                                        Versus
     • Prakashchandra Goyal S/o Jagdish Goyal, Aged About 37
       Years R/o Village - Basna, Police Station And Tahsil - Basna,
       District - Mahasamund Chhattisgarh
                                                                  ---- Non-applicant
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For Applicant : Shri Dharmesh Shrivastava, Adv.

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Hon'ble Shri Justice NK Chandravanshi Order On Board 9-6-2021 Heard on admission.

The criminal revision is admitted for hearing. Issue notice to the non-applicant on payment of process fee within 7 days.

Call for the record.

Also heard on I.A. No. 2 for exemption from filing certified copy of the impugned order.

The applicant is directed to file certified copy of the impugned order.

In view of above, I.A. No. 2 stands disposed of. Also heard on I.A. No. 1 for suspension of sentence and payment of fine amount and grant of bail.

Vide judgment dated 13-2-2020, The trial Court/Judicial Magistrate First Class, Basna Distt. Mahasamund has convicted the applicant in Complaint Case No. 266/2019 and sentenced him to undergo SI for one year under Section 138 of the Negotiable Instruments Act and also directed to pay a fine of Rs. 7,42,000/- under Section 357(3) of Cr.P.C. to the non-applicant, in default of payment of fine to undergo 2 months SI. On the appeal preferred by

the applicant, the appellate Court/1st Addl. Session Judge, Saraipali, Distt. Mahasamund, partly allowed the appeal and modified the sentence of SI of 1 year and reduced it to till rising of the court and directed to pay a fine of Rs. 7,42,000/- with interest of Rs. 75,000/-, total Rs. 8,17,000/-.

Learned counsel for the applicant submits that the complainant has failed to establish his case beyond reasonable doubt. Therefore, bail may be granted and fine sentence may be suspended.

Considering the facts and circumstances of the case and material available, I.A. No. 1 is allowed. It is directed that the sentence imposed by the appellate court on the applicant till rising of the court shall remain suspended during the pendency of this revision and he be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one local surety in the like amount to the satisfaction of the trial Court. The applicant need not give his appearance anywhere until and unless otherwise directed.

It is further directed that the fine sentence as imposed by the appellate court shall also remain suspended during pendency of this revision subject to applicant's depositing 50% of the fine amount before the trial Court. The trial Court shall make fixed deposit of the deposited amount in any nationalized bank till further orders of this Court and attach the original Fixed Deposit in the file.

Certified copy as per rules.

Sd/-

(N.K. Chandravanshi) Judge

Pathak/-