Bhishma Kumar vs Bhuvneshwar
2022 Latest Caselaw 3855 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR
                                             CRR No. 547 of 2022
      Bhishma Kumar S/o G. R. Soni Aged About 33 Years R/o Daundi Lohara, Tahsil District
      Balod (C.G.)
                                                                                   ---- Applicant
                                                    Versus
      1.      Bhuvneshwar S/o Pyarelal Sahu Aged About 38 Years R/o Village Bhurbhusi,
           Tahsil Chhuikhadan, District Rajnandgaon (C.G.)
      2.      State Of Chhattisgarh Through District Magistrate Rajnandgaon (C.G.)
                                                                               ---- Respondents

17-06-2022 Ms. Preeti Yadav, Advocate for the applicant.

Shri Ishwar Jaiswal, Panel Lawyer for the State/respondent No.2

Heard on admission.

Admit.

Issue notice to the respondent No.1 on payment of process fee as per

rules.

Also heard on I.A. No. 1/2022, application for grant of stay/interim relief.

By way of impugned judgment dated 06-04-2022 passed in CRA No.08/2020, the

lower appellate Court, while upholding the judgment of conviction dated

18-03-2020 passed in Complaint Case No.146/2016 by the Judicial Magistrate

First Class, Chhuikhadan, District:Rajnandgaon (C.G.), under Section 138 of the

Negotiable Instrument Act, 1881 has modified the sentence to till rising of the

Court with a fine of Rs.2,40,000/- and in default to pay the same, he has to suffer additional R.I. for six months. As per impugned order, applicant has deposited

Rs.55,000/- following the order of appellate Court which has been ordered to be

merged.

Let notice of this application be also issued to the respondent No.1.

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 remaining

fine amount i.e. 1,85,000/- 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