Shushil Dhruve vs Praveen Kesharwani
2022 Latest Caselaw 6252 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                     Criminal Revision No.1044 of 2022
  •   Shushil Dhruve S/o Kala Ram Dhruve, Aged About 39 Years, R/o
      Village Dhaurabandh, Village- Dhaurabandh, Post Dhaurabandh, Tahsil
      & Police Station- Kawardha, District- Kabirdham (C.G.)
                                                                 ---- Applicant
                                    Versus
  •   Praveen Kesharwani S/o Taranath Kesharwani, Aged About 39 Years,
      Proprietor/partner, Authorized Seller Of Tara Motors, Sonalika Tractors,
      Bilaspur Road, Kawardha, Transport Nagar, Kawardha, Tahsil :
      Kawardha, District- Kabirdham (C.G.)
                                                            ----Non-applicant



13/10/2022

Mr. Pushpendra Kumar Patel, Advocate for the applicant.

Heard.

Admit.

Call for record of the Courts below.

On payment of process fee, issue notice to non-applicant by ordinary as well as registered mode.

Also heard on I.A. No.01/2022, an application for suspension of sentence of fine amount imposed by the learned trial Court and grant of bail.

This Criminal Revision is filed by the applicant against the judgment dated 28.09.2022, passed in Criminal Appeal No.53/2019, by learned Additional Sessions Judge, Kabirdham, District- Kabirdham, C.G., whereby the judgment passed by the learned trial Court dated 28.06.2019, in Criminal Case No.679/2018, has been affirmed and convicted the applicant in the following manner:-

Conviction Sentence

U/s. 138 of Negotiable Fine amount of Rs.7,00,000/-, failing Instruments Act. with additional S.I. for 03 months, which is imposed by the learned Chief Judicial Magistrate, Kabirdham, District:- Kabirdham, C.G.

The learned lower appellate Court has affirmed the order passed by the learned trial Court, whereby the fine amount of Rs.7,00,000/- has been imposed upon the present applicant. The applicant has been sentenced to pay fine amount of Rs.7,00,000/- and in default of payment of fine, S.I. for 03 months. It appears that the applicant could not deposit the amount of fine, therefore, he is suffering simple imprisonment for 03 months.

It is submitted by learned counsel for the applicant that applicant is ready to deposit 50% of the fine amount within a period of 02 months.

Considering the submissions made by learned counsel for the applicant, the I.A. No.01/2022, an application for suspension of sentence of fine amount imposed by the learned trial Court and grant of bail, is allowed.

It is directed that If the applicant deposits 50% of the fine i.e. Rs.3,50,000/-, he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 19 th of December, 2022. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this criminal revision. The remaining part of the fine amount shall remain stayed till the final disposal of this case.

Certified copy as per rules.

Sd/-

(Rakesh Mohan Pandey) Judge

Monika