Rajesh Chaturvedi vs Manish Jogi
2022 Latest Caselaw 4998 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                            CRR No. 792 of 2022
   Rajesh Chaturvedi S/o Shri M.D. Chaturvedi Aged About 46 Years R/o L.I.G. - 527,
   Padmanabhpur, Durg, Tahsil And District Durg, Chhattisgarh.
                                                                                     ---- Applicant
                                                         Versus
   Manish Jogi S/o Shri B.R. Jogi Aged About 36 Years R/o Village Sankra, Tahsil Patan,
   District Durg, Chhattisgarh.
                                                                               ---- Respondent

Shri Dashrath Kushwaha, Advocate for the applicant. Issue notice to the respondent, P.F. as per rules. 04-08-2022 Heard on I.A. No. 1/2022, application for suspension of amount imposed by the learned trial Court.

The applicant has been convicted and sentenced by the Judicial Magistrate First Class Durg, Dist-Durg (C.G.) in Case No.6602/2015 on 30-03-2022 as under:-

             Sr. No.     Section            Act           Jail      Fine sentence and Default
                                                        sentence        Interest         stipulation

                1.         138          Negotiable         -             Fine of            S.I. for 6
                                       Instrument Act               Rs.9,00,000/- and       months
                                                                       interest of
                                                                   Rs.3,71,250/-(total
                                                                    Rs. 12,71,250/-)

Against the order of learned Judicial Magistrate First Class, the applicant preferred an appeal (CRA No.66/2022) before the Sessions Judge Durg, (C.G.), in which conviction & sentence awarded to the applicant by the J.M.F.C. have been upheld and the appeal has been dismissed vide judgment dated 20-07-2022. Hence, this revision.

Counsel for the applicant submits that he has a good case to succeed in this revision. Final hearing of this revision petition is likely to take considerable time, hence, it is prayed that the recovery of amount of compensation awarded by the Court below be suspended.

Considered the submission and perused the impugned order.

Having considered the facts and circumstances of the case, material available on record and since final disposal of this revision may take considerable time, I feel inclined to allow I.A. No.1/2022.

Therefore, It is directed that if applicant deposits 50% of fine/compensation amount i.e. Rs.12,71,250/- before the concerned trial Court within a period of one month from today, recovery of remaining fine/compensation amount shall remain suspended till pendency of this revision. If the applicant fails to comply the above order, this interim order shall stand vacated automatically.

SD/-

(N.K. Chandravanshi) Judge

Amardeep