Chattisgarh High Court
Bhavani Paik vs Shanker Gavde on 30 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Revision No.661 of 2021
• Bhavani Paik S/o Arun Paik Aged About 35 Years R/o Village Chote Kapsi, Thana
Pakhanjore, District Uttar Bastar Kanker Chhattisgarh.
---- Applicant
Versus
• Shanker Gavde S/o Ramsai Gavde Aged About 55 Years R/o Village Herli, Thana
Madanvada, District Rajnandgaon Chhattisgarh.
---- Respondent
30.9.2021 Shri Parag Kotecha, counsel for the applicant.
Heard on IA No.01/2021, for suspension of sentence and grant of
bail.
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 06 months and also to pay
Rs.5,00,000/- as compensation to the complainant and in default of
payment of compensation, to further undergo SI for 03 months by Judicial
Magistrate First Class, Pakhanjore (CG) on 11.4.2019 in Complaint Case
No.178/2018. Against the said order, the applicant preferred an appeal
(CrA No.34/2019) before the Additional Sessions Judge, Bhanupratappur,
Distt. North Bastar, Kanker. The learned appellate Court, by the
impugned judgment dated 08.9.2021, while maintaining the conviction of
the applicant, modified the sentences in the following manner:-
Conviction U/S Sentence
138 of the Negotiable Simple imprisonment for 03 months and to
Instruments Act, 1881 pay Rs.4,39,000/- as compensation, 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. He was
on bail during trial and also during appeal and presently he is in jail
since 08.9.2021, i.e. from the date of the judgment of the appellate
Court. There is no likelihood of his revision being heard finally in near
future, therefore, it is prayed that sentence passed by the Court 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
the 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 payment of 30%
of the compensation amount of Rs.4,39,000/- 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 he trial Court for his appearance before the Registry of
this Court on 30th 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 PF as per rules, issue notice to the respondent.
Notice be made returnable within six weeks.
List the matter thereafter.
Certified copy as per rules.
Sd/-
(N.K. Chandravanshi)
Bini
Judge
