Maggar Singh Boparai vs Cholamandalam Investment ...
2022 Latest Caselaw 3821 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                       CRR No. 542 of 2022
      Maggar Singh Boparai S/o Shri Mikka Singh Boparai, Aged About 70 Years R/o L.I.G. -
      227, Shahid Bhagat Singh Ward, Tatibandh Raipur, Tahsil And District - Raipur,
      Chhattisgarh

                                                                           ---- Applicant
                                                     Versus
      Cholamandalam Investment Finance Company National Corporate Park, Infront Of
      Anupam Garden, G.E. Road, Raipur, District Raipur (C.G.), Through Company Of
      General Power Off Attorney Holder - Mahendra Sahu, Aged About 34 Years, S/o - M.R.
      Sahu, R/o - G.E. Road, Raipur, District : Raipur, Chhattisgarh

                                                                        ---- Respondent

16-06-2022 Shri R.K. Agrawal, Advocate for the applicant.

Heard.

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

P.F. be paid within a week.

Also heard on I.A. No. 1/2022, application under Section 389 of the

Cr.P.C. for suspension of sentence.

Applicant has preferred this criminal revision against the order dated

05-05-2022 passed by the Additional Sessions Judge, Raipur (C.G.) in CRA

No.156/2021.

The applicant has been convicted and sentenced by the Judicial

Magistrate First Class, Raipur vide order dated 13-09-2021 in Criminal

Complaint Case No.1934 of 2014 as under:-

 Sr. No.         Section          Act          Jail sentence Fine sentence Default
                                                                          stipulation
1.        138                 Negotiable      R.I. for   1 Rs.6,00,000/- S.I. for 1
                                              year
                            Instrument Act,                               month.

In Criminal appeal No.156/2021 preferred by the applicant, the learned

Appellate Court/Additional Sessions Judge, Raipur (C.G.), upheld the

conviction of applicant under Section 138 of N.I.A. Act, 1881 and modified the

sentence as under:-

Sr. No.           Section          Act        Jail sentence Fine sentence Default
                                                                          stipulation
1.        138                   Negotiable         -        Payment of S.I. for         3
                                                            Rs.1,15,000/- months.
                                Instrument                  fine amount
                                                            within     45
                                Act, 1881                   days.

It is submitted that the applicant has been erroneously convicted by the

trial Court and the same has been erroneously upheld by the appellate Court.

He further submitted that, however, the learned appellate Court set aside the

sentence of imprisonment and also reduced the fine amount to Rs.1,15,000/-,

on being poor economic condition of the applicant, he is not able to pay

aforesaid fine amount. He further submitted that the applicant has a good case

on merit, therefore, it is prayed that execution, if any, on the basis of the order of the appellate Court be stayed during the pendency of this revision.

Considered the submission and perused the impugned judgment.

Considering the facts and circumstances of the case, I feel inclined to

allow the I.A. No.1/2022 with condition. Accordingly, application under Section

389 of the Cr.P.C. for suspension of fine sentence is allowed with a condition

that if the applicant deposits 30% of fine amount imposed by the Appellate

Court i.e. Rs.1,15,000/- before the trial Court within a period of one month from

the date of this order, remaining part of fine sentence passed by the appellate

Court shall remain stayed till the next date of hearing, which shall be subject to

confirmation after appearance of the respondent.

                 Certified copy as per rules.                          SD/-

                                                             (N.K. Chandravanshi)

                                                                       Judge


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