Yashwant Sharma vs Nitish Kumar Deshmukh
2023 Latest Caselaw 404 Chatt

                                                                                              NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Criminal Revision No.79 of 2023

      Yashwant Sharma, S/o D.P. Sharma, Aged About 34 Years, R/o Near Dadsena Kirana
       Stores, Quarter No.26, Jawahar Nagar Durg, Tahsil Durg, District Durg, Chhattisgarh.

                                                                                        ---- Applicant

                                               Versus

     1. Nitish Kumar Deshmukh, S/o B.R. Deshmukh, R/o Infront of Sanskritik Bhawan, Police
        Station Mohan Nagar, Jawahar Nagar, Durg, Tahsil Durg, District Durg, Chhattisgarh.

     2. District Magistrate Durg, District Durg, Chhattisgarh.

                                                                                     ---- Respondents

19.01.2023 Mr. Rudranath Mukherjee, counsel for the Applicant.

Heard on I.A. No.1/2022, an application for condonation of delay.

On due consideration, the said application is allowed and the delay is hereby

condoned.

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

Also heard on I.A. No.2/2022, an application for grant of stay.

The applicant has preferred this revision being aggrieved by the judgment of

conviction and sentence vide dated 21.03.2022 passed earlier by the Second

Additional Session Judge, Durg, District Durg (C.G.) in Criminal Appeal

No.173/2019, whereby the learned trial Court has partially allowed the appeal of the

applicant of the judgment of conviction and sentence dated 29.05.2019 passed by

the Judicial Magistrate First Class, Durg, District Durg, (C.G.) in Criminal Case

No.4750/2012.

Learned counsel for the applicant submits that the judgment passed by the

court below is erroneous and failed to appreciate that the non-applicant has to

discharge the burden of existence of an legally enforceable debts and he failed to

do so. He further submits that he already deposited the amount of Rs.30,000/- before the court below, therefore, considering the aforesaid facts I.A. No.1/2022

may be allowed.

On due consideration, the said application (I.A. No.1/2022) is allowed.

Considering the facts and circumstances of the case, it is directed that on

applicant's depositing 50% of the total fine amount of Rs.3,00,000/- and also

furnishing surety of Rs.50,000/- within one month from the date of this order to the

satisfaction of the trial Court, the effect and operation of the impugned judgment

shall remain stayed till the final disposal of this revision, the amount deposited by

the applicant shall be adjusted accordingly.

Sd/-

(Rajani Dubey) Judge

Deepti Jha