Sameer Singh vs Madhusudan Kumar
2022 Latest Caselaw 3908 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                CRR No. 562 of 2022

• Sameer Singh, S/o Sh. Jitender Singh, aged about 55 Years, R/o House No. 1/C,
  Road 66, Sector -6, Bhilai, Tehsil and District - Durg (C.G.)

                                                                       ---- Applicant

                                       Versus

• Madhusudan Kumar, S/o Late Sh. Malki Singh, Aged about 60 Years, R/o House
  No.1/A, Road 10, Sector-6, Durg (C.G.)

                                                                   ---- Non-applicant




21.06.2022         Shri Anmol Sharma, counsel for the applicant.

                   Heard on admission.

                   Admit.

                   On payment of process fee within one week, issued notice to
             respondent on I.A. No. 1, application for suspension of fine amount as

well as main petition.

The applicant has preferred this criminal revision against the impugned judgment dated 25th March, 2022 passed by 7th Additional Sessions Judge, Durg in Criminal Appeal No. 266 of 2019.

The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment of one year and also to pay Rs.50,000/- as compensation to the complainant under Section 357 (3) of CrPC within a period of one month from passing of this order, failing which, he shall undergo SI for 1 month & 20 days by Judicial Magistrate, First Class, Durg (CG) vide judgment dated 31.10.2019 in Criminal Case No. 8769/2016.

In appeal, the appellate Court while maintaining the conviction, set aside the jail sentence and instead, imposed fine amount of Rs.5,50,000/- to be paid to the complainant under Section 357 (1)(b) of the Cr.P.C. within a period of 45 days, failing which he shall undergo SI for six 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 the tune of Rs.5,50,000/-. 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 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 30% of the compensation amount of Rs.5,50,000/- before the concerned trial Court, within a period of one month from the date of passing of this order, failing which, this interim order shall stand vacated automatically.

Certified copy as per rules.

Sd/-

(N.K. Chandravanshi) Judge

D/-