A. Afzal vs Yogeshwar Prasad Sahu
2022 Latest Caselaw 3792 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                         CRR No. 566 of 2022
   A. Afzal S/o A. Hai Aged About 40 Years Office- Near Ira Zone, Nehru Nagar, Bhilai, P.S.-
   Supela, Bhilai District Durg, Chhattisgarh, R/o House No. 64, Ayyapanagar, P.S.- Supela,
   Bhilai, Tehsil And District Durg, Chhattisgarh
                                                                               ---- Applicant
                                                      Versus
   Yogeshwar Prasad Sahu S/o Kheduram Sahu Aged About 38 Years R/o Village Godhi,
   Tehsil- Dhamdha, P.S.- Nandini, District- Durg, Chhattisgarh
                                                                            ---- Respondent

15-06-2022 Ms. Aditi Singhvi, Advocate for the applicant.

Heard on admission.

Admit.

Issue notice to the respondent on payment of process fee as per rules.

Also heard on I.A. No. 1/2022, application for suspension of fine amount.

By way of impugned judgment dated 24-03-2022 passed in CRA

No.65/2020, the lower appellate Court, while upholding the judgment of

conviction dated 18-02-2020 passed in Complaint Case No.2791/2015 by the

Judicial Magistrate First Class, Durg, under Section 138 of the Negotiable

Instrument Act, 1881, has modified the sentence to till rising of the Court with a

fine of Rs.2,50,000/-(within 60 days) and in default to pay the same, he has to

suffer additional R.I. for one year.

Let notice of this application be also issued to the respondent. Meanwhile, purely as an interim measure, it is directed that the

compensation amount as awarded by the Court below shall remain suspended till

the next date of hearing, subject to the applicant depositing 30% of the same

under appeal before the concerned Court below, within a period of one month

from today, failing which, this interim order shall stand vacated automatically.

SD/-

(N.K. Chandravanshi)

Judge

Amardeep