Shiv Kumar Sahu vs Naresh Khunte
2022 Latest Caselaw 3262 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                 CRR No. 460 of 2022

  Shiv Kumar Sahu S/o H. R. Sahu Aged About 36 Years Previous R/o 662, Navrang
   Chowk, No. 03, Boriyakhurd, Post- Sunder Nagar, Raipur, Tahsil And District-
   Raipur Chhattisgarh.
   Present R/o Through Sanjay Verma, Village Kandul, Tahsil And District- Raipur
   Chhattisgarh.
                                                                         ----Applicant
                                        Versus

  Naresh Khunte S/o Sakhram Khunte Aged About 33 Years R/o Eidgah, Police
   Station- Azad Chowk, Raipur, Tahsil And District- Raipur Chhattisgarh.
                                                                     ---- Respondent

05.5.2022 Shri Shivendu Pandya, counsel 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.01/2022, an application for grant of interim relief/stay.

By virtue of the impugned judgment dated 17.02.2022 passed in Criminal Appeal No.124/2020, the learned 10th Additional Sessions Judge, Raipur (C.G.), while affirming the judgment of conviction under Section 138 of the Negotiable Instruments Act, 1881 dated 11.02.2020 passed by Judicial Magistrate First Class, Raipur (C.G) in Complaint Case No.1463/2018, has modified the sentence and in place of 06 months S.I. with Rs.2,00,000/- awarded by the trial Court, the Appellate Court has awarded only fine sentence of Rs.2,50,000/-. Thus, the Appellate Court has convicted and sentenced the applicant as under:-

                     Conviction                             Sentence

         U/s 138 of the            Negotiable Fine sentence of Rs.2,50,000/- in
         Instrument Act, 1881                 default of payment of fine to
                                              undergo S.I. for 6 months.

Learned counsel for the applicant submits that since only fine sentence has been awarded to the applicant and this revision petition will take sometime for its final disposal, respondent/complainant has filed execution application before the trial Court, therefore, till final disposal of this revision, the effect and operation of the impugned judgment and execution proceedings may be stayed.

Considering the ground raised in application and revision petition, I feel inclined to allow the interim application (I.A. No.1/2022) with condition that if applicant deposits 50% of fine amount as imposed by 10th Additional Sessions Judge, Raipur C.G. before the trial Court then recovery of remaining amount shall remain stayed, till final disposal of this revision petition.

Accordingly, I.A. No.1/2022, stands disposed of.

Call for record of Court below.

List the case for final hearing in due course.

SD/-

(N.K. Chandravanshi) Judge

Ayushi