Mahesh Sonwani vs Pravin Kesharwani
2022 Latest Caselaw 6396 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                 CRR No. 894 of 2022
 Mahesh Sonwani S/o Tularam Sonwani, Aged About 38 Years Resident Of Village
  Kunda, Post And Thana Pandariya, District Kabirdham Chhattisgarh., District :
  Kawardha (Kabirdham), Chhattisgarh
                                                                          ---- Petitioner
                                        Versus
 Pravin Kesharwani S/o Taranath Kesharwani, Aged About 38 Years, Pro Partner, Tara
  Motors , Bilaspur Road Kawardha, Tahsil Kawardha, District Kabirdham Chhattisgarh.,
  District : Kawardha (Kabirdham), Chhattisgarh


                                                       ----Non-applicant/complainant



19/10/2022

Mr. K.S. Kurre, Advocate for the applicant.

Mr. Ajit Singh, Advocate for the non-applicant/complainant. Heard on I.A.No.1, application for suspension of sentence and grant of bail to the applicant.

The applicant was convicted by the trial Court for offence under Section 138 of Negotiable Instruments Act and sentenced to undergo 6 months' R.I. and to pay fine of Rs.2,65,000/- in default of payment of fine further R.I. for 3 months. The judgment of conviction and order of sentence recorded by the learned trial Court has been affirmed in Criminal Appeal No.22/2019 by the Sessions Court, Kabirdham vide judgment dated 29-07-2022.

Learned counsel for the applicant submits that the applicant is in jail since 29-07-2022 and he is ready to deposit 50% of the fine/compensation amount before the learned trial Court. He further submits that the applicant was on bail during trial and during pendency of the appeal as well and this criminal revision is likely to take some time for its final conclusion. Therefore, it is prayed that the application may be allowed.

Per contra, learned counsel for the non-applicant submits that two more cases are pending against this applicant and it would very difficult for the non-applicant to recover the amount from the applicant and he thus opposes the submission made by Mr. Kurre.

I have heard learned counsel for the parties and perused the record.

The applicant was on bail during trial as well during pendency of the appeal and he is in jail since 29-07-2022, this criminal revision is likely to take some time for its final disposal and the applicant is ready to deposit 50% of the compensation amount, i.e. Rs.1,32,500/- (50% of Rs.2,65,000/-) before furnishing bail and bonds. Considering the above aspects, I.A.No.1, application for suspension of sentence and grant of bail, is allowed.

It is ordered that if he applicant deposit 50% of the compensation amount before the trial Court then sentence imposed upon the applicant shall remain suspended during pendency of this criminal revision and he shall be released on bail on his furnishing a personal 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 19th 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 and recovery of remaining amount of compensation shall remain stayed till final disposal of this criminal revision.

Sd/-

(Rakesh Mohan Pandey) Judge

Aadil