Vinod Kumar Dubey vs Chandrika Prasad Verma
2022 Latest Caselaw 3477 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                 CRR No. 354 of 2022

  • Vinod Kumar Dubey S/o Late Ramjohar Dubey Aged About 67 Years R/o
    Near Shani Mandir, Bilaspur, Present Address Central Bank Of India, Branch
    Civic Centre Bhilai District Durg Chhattisgarh.

                                                                    ---- Applicant

                                       Versus

  • Chandrika Prasad Verma S/o Late Sharda Prasad Verma R/o Purani Basti
    Ward No. 11, Janjgir, District Janjgir Champa Chhattisgarh.

                                                                  ---- Respondent

11.5.2022 Shri Faiz Kazi, counsel for the applicant.

None for the respondent, though notice has been served.

Heard on IA No.01/2022, application for staying the effect and operation of impugned judgment.

The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, and sentenced to undergo simple imprisonment for one year and also directed to pay Rs.3,00,000/- within one month, in default of payment, further undergo SI for one month by learned Judicial Magistrate First Class, Janjgir, Distt. Janjgir Champa (CG) on 08.3.2021 in Criminal Complaint Case No.65/2017. Against the said order, the applicant preferred an appeal (CRA No.34/2021) before the Second Additional Sessions Judge, Janjgir Distt. Janjgir Champa (CG). The learned Additional Sessions Judge vide judgment dated 14.02.2022, while maintaining the conviction of the applicant, modified the sentence as under:

         Conviction U/S                 Sentence           In default      of
                                                          payment

138 Negotiable To pay Rs.3,00,000/- with SI for one year Instruments Act interest @ 6% from 2012 to 2021, totaling an amount of Rs.4,62,000/-

Learned counsel for the applicant submits that the applicant has been sentenced only for fine amount as compensatory amount to the tune of Rs.4,62,000/- by the appellate Court. He further submits that the applicant has a good case and hope to succeed in the revision, hence, it is prayed that effect and operation of the sentence part of the judgment may be stayed till the disposal of the revision.

I have heard learned counsel for the applicant and perused the material available on record.

Without commenting anything on its merits, IA No.01/2022 is allowed. It is directed that if the applicant deposits 50% of the fine amount of Rs.4,62,000/-, before the concerned trial Court, within 30 days from today, remaining fine sentence shall remain stayed till the disposal of the revision.

Sd/-

(N.K. Chandravanshi) Judge

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