Dinesh Agrawal vs Raja Jain
2022 Latest Caselaw 5400 Chatt

Citation : 2022 Latest Caselaw 5400 Chatt
Judgement Date : 25 August, 2022

Chattisgarh High Court

Dinesh Agrawal vs Raja Jain on 25 August, 2022

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                               CRR No. 863 of 2022
   Dinesh Agrawal S/o Ramesh Agrawal Aged About 33 Years R/o Sai Kirana
    Stores, G.E. Road, Charoda, Bmy Bhilai, District : Durg, Chhattisgarh
                                                                        ---- Applicant
                                      Versus
  1.

Raja Jain S/o Nemichand Aged About 35 Years R/o Sanjivani Hospital, Umda Road, Bhilai 3, District Durg, Chhattisgarh. ...................(Complainant)

2. The State of Chhattisgarh Through The District Magistrate, Durg, District : Durg, Chhattisgarh

---- Non-Applicants

25.08.2022 Shri Suresh Kumar Verma, counsel for the applicant.

Shri Shakti Singh Thakur, P.L. for the State/Non-applicant No.2.

Heard.

Admit.

Call for record of the Courts below.

Issue notice to non-applicant No.1.

Also heard on I.A. No. 01, application for suspension of compensation amount of Rs. 7 lacs.

On complaint case filed by the non-applicant No.1 under Section 138 of Negotiable Instrument Act, the learned trial Court after appreciation of the evidence, convicted the present applicant under Section 138 of Negotiable Instrument Act and sentenced him till rising of the Court and make payment of Rs. 7 lacs with interest of 6% from the date of filing the complaint till the date of judgment and in default of payment of compensation amount of Rs. 7 lacs, he may suffer further S.I. for six months.

Learned counsel for the applicant submits that he has already served the sentence till rising of the Court and he is ready to deposit 50% of the fine amount of Rs. 7 lacs.

Considering the statement made by learned counsel for the applicant, I am inclined to allow the I.A. No.1, if the applicant deposit 50 % of Rs. 7 lacs before the trial Court within a period of 35 days then remaining part of the fine amount i.e. 3.5 lacs shall remain stayed till the final disposal of this case.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim