Saheb Lal Yadav vs Indal Kumar Patel
2021 Latest Caselaw 2177 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                        Criminal Revision No.561 of 2021

• Saheb Lal Yadav S/o Ramcharan Yadav Aged About 42 Years R/o Village
  Nawapara, Tahsil And Post- Dabhra, District- Janjgir-Champa, Chhattisgarh.

                                                                           ---- Applicant

                                        Versus

• Indal Kumar Patel S/o Late Devdhar Patel Aged About 43 Years R/o Nagar
  Panchayat, Dabhra, Post And Tahsil Dabhra, District- Janjgir-Champa,
  Chhattisgarh.

                                                                       ---- Respondent

06.9.2021 Shri HS Patel, counsel for the applicant.

Heard on IA No.01/2021, application for grant of interim relief.

The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for one year and also to pay Rs.7,00,000/- as compensation to the complainant and in default of payment of compensation, to further undergo SI for 02 months by Judicial Magistrate First Class, Raigarh (CG) on 10.01.2020 in Complaint Case No.242/2017. Against the said order, the applicant preferred an appeal (CrA No.17/2020) before the Fifth Additional Sessions Judge, Raigarh. The learned appellate Court, by the impugned judgment dated 06.8.2021, while maintaining the conviction of the applicant, modified the sentences in the following manner:-

Conviction U/S Sentence

138 of the Negotiable Till rising of the Court and to pay Instruments Act, 1881 Rs.7,30,000/- as compensation, within two months from the date of judgment, with default stipulations.

It is submitted that the applicant has been erroneously convicted by the trial Court and the same has been erroneously upheld by the appellate court though modified the sentence of imprisonment, however the compensation amount has been enhanced to Rs.7,30,000/-. He further submits that the applicant has a good case on merit, therefore, it is prayed that execution, if any, on the basis of the order of the appellate Court be stayed during the pendency of the revision.

The respondent is yet to be noticed.

Considered the submission, at this stage I feel inclined to allow this application with condition. Accordingly, the application for stay of execution of order of compensation amount is allowed with a condition that if the applicant deposits 30% of the compensation amount of Rs.7,30,000/- before the trial Court within a period of two months from the date of this order, remaining part of the sentence passed by the appellate Court shall remain stayed till the next date of hearing, which shall be subject to confirmation after appearance of the respondent.

Issue notice to the respondent on payment of PF as per rules.

Notice be made returnable within six weeks.

Call for the records of the Courts below.

Certified copy as per rules.

Sd/-

(N.K. Chandravanshi) Judge

Bini