Bharat Lal Soni vs Bhupendra Kumar Rathore
2023 Latest Caselaw 405 Chatt

                                                                                               NAFR

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Criminal Revision No.74 of 2023

       Bharat Lal Soni, S/o Shri Hiralal Soni, Aged About 48 Years, R/o Near Mama Bhancha
        Talab, in front of house of the Ex MLA Doctor Rakesh Kumar Singh Bilaspur, Police
        Station City Kotwali, District Bilaspur, Chhattisgarh.

                                                                                      ---- Petitioner

                                                Versus

     Bhupendra Kumar Rathore, S/o Late Preetam Lal Rathore, Aged About 32 Years, R/o
        Village Limtara, Police Station And Tahsil Masturi, District Bilaspur, Chhattisgarh.

                                                                                    ---- Respondent

19.01.2023 Mr. Dheerendra Pandey, counsel for the Applicant.

Heard on I.A. No.1/2023, an application for grant stay.

The applicant has preferred this revision being aggrieved by order dated

05.12.2022 passed earlier by Third Additional Session Judge, Bilaspur in Criminal

Appeal No.52/2022, whereby the learned trial Court while affirming the conviction

has partially modified the fine clause of the order dated 16.03.2022 passed by the

Judicial Magistrate First Class, Bilaspur, District Bilaspur, (C.G.) in Criminal

Complaint No.983/2018.

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.23,000/-

before the court below, therefore, considering the aforesaid facts I.A. No.1/2023

may be allowed.

On due consideration, the said application (I.A. No.1/2023) is allowed.

Considering the facts and circumstances of the case, it is directed that on applicant's depositing 40% of the total fine amount of Rs.1,25,000/- 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