Kishor Tondon vs Shivkumar Kosre
2022 Latest Caselaw 3887 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                              CRR No. 517 of 2022

   • Kishor Tondon S/o Shri Roopram Tondon Aged About 34 Years R/o
     Chhattisgarh Sadan, Chhattisgarh Sahkari Sakh Samiti, Sector- 1, Bhilai
     Nagar District- Durg (C.G.) Pin- 490001

                                                                    ---- Applicant

                                      Versus

   • Shivkumar Kosre S/o Shri Balduram @ Baldev Aged About 34 Years R/o
     Jodhpur Ward Dhamtari, District- Dhamtari (C.G.)




20.6.2022         Shri Anmol Sharma, counsel for the applicant.

                  Heard on admission.

                  Admit.

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

Call for the record of the Court below.

Also heard on IA No.01/2022, application for suspension of fine amount.

The applicant has preferred this criminal revision against impugned judgment dated 21.4.2022 passed by Additional Sessions Judge, Dhamtari (CG) in Criminal Appeal No.09/21.

The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for six months and also to pay Rs.1,80,000/- as compensation to the complainant under Section 357(3) of CrPC, failing which, he shall undergo SI for two months by the Judicial Magistrate First Class, Dhamtari (CG) vide judgment dated 16.3.2020 in Criminal Complaint Case No.1435/2016.

In appeal, the appellate Court while maintaining the conviction, set aside the jail sentence and instead, imposed fine amount of Rs.2,00,000/- to be paid to the complainant under Section 357(1)(b) of CrPC within a period of 45 days, failing which he shall undergo SI for two months.

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. It is further submitted that though the appellate Court has set aside the jail sentence, but has enhanced the compensation to Rs.2,00,000/-. He further submits 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 the revision.

Considered the submission of learned counsel for the applicant.

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 applicant's depositing 50% of the compensation amount of Rs.2,00,000/- before the concerned trial Court, within a period of one month from the date of this order, failing which, this interim order shall stand vacated automatically.

Certified copy as per rules.

Sd/-

(N.K. Chandravanshi) Judge

Bini