Amita Bajpeyee vs Savitri Devi Kashyap
2021 Latest Caselaw 2556 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                    Criminal Revision No. 577 of 2021

         Amita Bajpeyee W/o Brajesh Anand Bajpeyee Aged About 28 Years Resident Of
         Makan No. E 97, Lafarj Ciment Plant Gopal Nagar Colony Post Gopal Nagar,
         Thana And Tahsil Akaltara, District Janjgir Champa Chhattigarh.
                                                                         ----- Applicant

                                                    Versus

         Savitri Devi Kashyap W/o Late Ramvilas Kashyap Aged About 49 Years
         Resident Of Village Lafarj Ciment Plant Ke Paas Mini Aaganbaadi Kendra
         Sonsari, Post Sonsari, District Janjgir Champa Chhattisgarh.
                                                                      ----- Respondent

24/09/2021 Shri A.K. Yadav, counsel for the applicant.

Heard on I.A. No.1, application for grant of stay of the compensation amount.

The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo imprisonment till rising of the Court and to pay compensation to the complainant to the tune of Rs.11 lakhs under Section 357(3) of the CrPC with default stipulation by Judicial Magistrate First Class, Pamgarh, Distt. Janjgir Champa (CG) in Criminal (Complaint) Case No.575/2017. Against the said order, the applicant preferred an appeal (Cr.A No.08/2020) before the 2nd Additional Sessions Judge, Janjgir, Distt. Janjgir-Champa. The learned appellate Court by the impugned judgment dated 05.8.2021, upheld the conviction and sentence passed by the learned trial Court.

Learned counsel for the applicant submits that out of Rs.11 lakhs of compensation amount, the applicant has already deposited Rs.2,20,000/- before the learned trial Court, therefore, it is prayed that execution, if any, on the basis of of the judgment of the appellate court ,be stayed during the pendency of this revision. The respondent is yet to be noticed.

Considered the submission made by learned counsel for the applicant.

It is mentioned in the impugned judgment that out of Rs.11 lakhs of compensation amount, Rs.2,20,000/- has been deposited by the applicant on 18.01.2021 before the trial Court. Considering the totality of the case, I feel inclined to allow this application with condition that if the applicant deposits further Rs.2 lakhs before the trial Court within a period of two months from the date of this order, execution on the remaining part of the amount of compensation shall remain stayed till further orders of this Court, 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