Manoj Kumar Barman vs Kamlesh Singh Rajput
2022 Latest Caselaw 260 Chatt

                                                   1

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                    Proceeding through Video Conferencing
                                 Order Sheet
                              Criminal Revision No. 8 of 2022

      Manoj Kumar Barman S/o. Swarath Lal Barman aged 29 years, R/o. Village Bhatpur,
       P.S. Kukdur, Tehsil Pandaria, District Kabirdham (C.G.)
                                                                             ----- Applicant
                                            versus
    1. Kamlesh Singh Rajput aged 40 years, S/o. B.N. Rajput, Tractor Dealer, Shri Sai Agro
       Raipur Road, Bypass Road, Kawardha, P.S. & Tehsil Kawardha, District Kabirdham
       (C.G.)
    2. State of Chhattisgarh Through : Station House Officer Kukdur, Tehsil Pandaria,
       District Kabirdham (C.G.)
                                                                       ----- Respondents

14/01/2022 Shri Ajay Ayachi, Advocate for the applicant.

Ms. Binu Sharma, Panel Lawyer for the State.

Heard.

Admit.

Also heard on I.A. No. 1 of 2021, application for suspension of sentence and grant of bail to the applicant.

Issue notice on I.A. No. 1/2021, application for suspension of sentence and grant of bail as well as revision petition to respondent No.1. P.F. as per rules.

This revision has been filed under Section 397 read with Section 401 of

Cr.P.C. against the judgment dated 15.12.2021 passed by the Additional Judge to

the Court of Additional Sessions Judge, Kabirdham (C.G.) in Criminal Appeal No.

90/2018 whereby the judgment dated 07.07.2018 passed by the Judicial

Magistrate, First Class, Kabirdham (C.G.) in Criminal Case No. 1141/2015 has

been upheld.

By the judgment dated 07.07.2018, the applicant stands convicted and

sentenced as under:

                                  Conviction                              Sentenc

                        Under Section 138 Negotiable          R.I. for six months and fine of
                        Instruments Act.                      Rs.5,000/-,   in   default   of


                                                        payment of fine to further
                                                        undergo R.I. for three months

Having heard learned counsel for the parties, having regard to the facts and

circumstances of the case, considering the short jail sentence awarded to the

applicant who is in jail since 15.12.2021, that the amount of Rs.4,98,150/- has

been given to the complainant and the dispute between the parties is only

regarding Rs.66,000/-, according to the learned counsel for the applicant there is

every possibility of amicable settlement between the parties, and that disposal of

the revision is likely to take some time, without commenting anything on merits of

the case, the application (I.A. No. 1/2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon

the applicants shall remain suspended during the pendency of this revision and

they shall be released on bail on their furnishing a personal bond in the sum of

Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the trial

Court. They shall appear before the Trial Court on 02nd March, 2022 and thereafter

continue to appear there on all such dates as are given to them by the said Court

till disposal of this revision.

Certified copy today.

Sd/-

(Gautam Chourdiya) Judge

vatti