Dileep Sahu vs Suresh Sahu
2022 Latest Caselaw 5259 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                       Criminal Revision No.833 of 2022

  •   Dileep Sahu S/o Netram Sahu, Aged About 29 Years, R/o Village-
      Silhati,   PS-    Bodala,   Tahsil-   Kawardha,     District-     Kabirdham,
      Chhattisgarh.

                                                                      ---- Applicant

                                    Versus

  •   Suresh Sahu S/o Loknath Sahu, Aged About 31 Years, Resident Of
      Village- Bhedali, PS And Tahsil- Kawardha, District- Kabirdham,
      Chhattisgarh.

                                                                 ----Respondent

18/08/2022 Mr. Dinesh Tiwari, Advocate for the applicant.

Heard.

On payment of process fee, issue notice to the respondent by ordinary as well as registered mode as per rules.

Also heard on I.A. No.01/2022, an application for suspension of sentence and grant of bail to the applicant.

This Criminal Revision is filed against the judgment dated 05.08.2022, passed in Criminal Appeal No.14/2019, by the Additional Sessions Judge, Kabirdham (Kawardha), C.G. affirming the judgment of the trial Court, whereby the applicant has been convicted and sentenced in the following manner:-

Conviction Sentence

U/s. 138 of Negotiable R.I. for 06 months and fine of Instruments Act, 1881. Rs.70,000/- and in default of payment of fine, further R.I. for 03 months.

It is submitted by the learned counsel for the applicant that the ingredients of Section 138 of Negotiable Instruments Act, 1881, are lacking in the case and the same has not been appreciated by the Courts below. The applicant was granted bail by the learned trial Court and he remained on bail during the pendency of appeal. He further submits that the applicant is in jail since 05.08.2022 and the final conclusion of this Criminal Revision will take time. Therefore, he prays that the applicant may be granted bail.

Per contra, learned counsel for the State opposes the application.

Heard learned counsel for the parties and perused the impugned judgment.

Considering the facts and the allegations made in the complaint case and the period of detention and the amount of the cheque, I am inclined to suspend the jail sentence inflicted upon the applicant with subject to deposit of 50% of Rs.70,000/- i.e. Rs.35,000/- before furnishing the bail bond before the learned trial Court.

Accordingly, I.A. No.01/2022, application for suspension of sentence and grant of bail, is allowed.

It is directed that the jail sentence imposed upon the applicant shall remain suspended during the pendency of this criminal revision and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 14 th of November, 2022. 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.

Certified copy as per rules.

Sd/-

(Rakesh Mohan Pandey) Judge

Monika