Chattisgarh High Court
Uttam Kumar Shrivas vs Santdas Naurange on 15 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 597 of 2021
Uttam Kumar Shrivas S/o Shri Panchuram Shrivas Aged About 48 Years R/o Daihandih,
P.S. And Tehsil Sahaspur Lohara, District Kabirdham Chhattisgarh.
----- Applicant
Versus
Santdas Naurange S/o Ramrup Aged About 37 Years R/o Village Madmada Near Village
Chanta Jha, P.S. And Tehsil Kawardha, District Kabirdham Chhattisgarh.
----- Respondent
Shri Avinash Chand Sahu, counsel for the applicant.
15/09/2021
Learned counsel for the applicant submits that he has filed certified copy of
the impugned judgment, therefore, he is not pressing I.A. No.2/2021, application for
exemption from filing certified copy of the impugned judgment.
In view of the above, I.A. No.2/2021 is disposed of as not pressed.
Heard on I.A. No.1/2021, application for suspension of sentence and grant of
bail.
The applicant has been convicted for the offence punishable under Section
138 of the Negotiable Instrument Act, 1881 and sentenced to undergo rigorous
imprisonment for six months and also to pay Rs.6,27,750/- as compensation to the
complainant with default stipulation by the Judicial Magistrate First Class,
Kawardha, District Kabirdham (Kawardha) (C.G.) on 16/01/2019 in Complaint Case
No. 968/2018. Against the said order, the applicant preferred an appeal (Cr. A.
No.21/2019) before the Additional Judge to the Additional Sessions Judge, District
Kabirdham (C.G.). The learned appellate Court by the impugned judgment dated
31/08/2021 upheld the conviction and sentence passed by the trial Court.
It is submitted by learned counsel for the applicant that the applicant has
been erroneously convicted by the trial Court and the same has been erroneously
upheld by the appellate Court. He further submits that the revision filed by the
applicant is arguable. He was on bail during trial and also during appeal and
presently he is in jail since 31/08/2021 i.e. from the date of judgment of the
appellate Court. There is no likelihood of this revision being heard finally in near
future, therefore, it is prayed that sentence passed by both the Courts below be
suspended and the applicant be released on bail.
The respondent is yet to be noticed.
Considered the submission and also considering the totality of facts and
circumstances of the case, it is ordered that the sentence imposed upon the
applicant shall remain suspended and he shall be released on bail on condition that
the applicant makes a payment of 30% of the compensation amount of
Rs.6,27,750/- before the trial Court within a period of 15 days from today and also
on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like
sum to the satisfaction of the trial Court for his appearance before the Registry of
this Court on 22 nd November, 2021. 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
disposal of this criminal revision.
On payment of process fee as per rules, issue notice to the respondent.
Notice be made returnable within six weeks.
This case be listed along with Criminal Revision No.570 of 2021.
Certified copy as per rules.
Sd/-
(N.K. Chandravanshi)
JUDGE
Kamde
