Chattisgarh High Court
Smt. Sujata Ghai vs Smt. Brihaspati Shriwas on 21 April, 2025
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 225 of 2023
1 - Smt. Sujata Ghai W/o Ravi Ghai Aged About 60 Years R/o House Number 192 Tulsi
Marg Korba, Thana Kotwali Korba, District - Korba Chhattisgarh
...Applicant
versus
1 - Smt. Brihaspati Shriwas W/o Shri Laxmi Prasad Shriwas, Aged About 37 Years, R/o
House Number 530 Mudapar Bazar Ke Paas Korba Ward No. 26, Chouki Manikpur, Thana
Kotwali Korba, District - Korba Chhattisgarh
...Non-applicant/respondent
21-04-2025 Mr. Vikas Kumar Pandey, Advocate for the applicant/petitioner.
Mr. Shubham Dev Mallick, Advocate for the non-applicant/respondent.
Heard on I.A. No. 7/2023 which is an application for vacating the
interim relief filed by the non-applicant/respondent.
Learned counsel for the non-applicant/respondent would submit that
the applicant has been convicted for the offence under Section 138 of
Negotiable Instruments Act, 1881 and sentenced with simple imprisonment
for 3 months and she has been ordered to pay amount of compensation of
Rs.9,45,000/- by the impugned judgment of conviction and sentence dated
15-03-2022 passed by the learned Judicial Magistrate First Class, Korba in
Criminal Case No.3446/2018. The appeal filed by the applicant before the
learned appellate Court has been dismissed vide order dated 23-02-2023,
against which the present criminal revision has been filed by the applicant
against challenging her conviction and sentence.
In the present petition on 02-03-2023, coordinate Bench of this Court
has suspended the sentence imposed upon the applicant and directed to
deposit 50% of the amount of Rs.9,45,000/- within a period of 20 days from
the date of that order. But, till date the applicant has not deposited the 50%
of total amount of Rs.9,45,000/- and and only deposited Rs.2,84,000/- and
thus she has violated the condition of the order dated 02-03-2023 and
therefore, the interim order granted in her favour may be vacated.
On the other hand, learned counsel for the applicant would submit
that till date the applicant has deposited total amount of Rs.3,55,000/- in
various installments including the amount deposited prior to the judgment
and due to financial crisis she could not deposit 50% of the total amount of
Rs.9,45,000/- within the reasonable time. She is in financial crisis and trying
to deposit the same and some time may be granted to her for the same.
I have heard learned counsel for the parties and perused the material
annexed with the petition.
It transpires from the order dated 02-03-2023 that while suspending
the sentence the coordinate Bench of this Court has directed to deposit 50%
of total amount of Rs.9,45,000/- within a period of 20 days. The time was
further extended vide order dated 19-04-2023 and further time of 45 days to
deposit 50% of total amount was granted to the applicant/petitioner. Further,
another 45 days was again granted on 29-08-2023, yet the applicant has not
deposited the ordered amount. On 04-04-2024 again 3 weeks' time was
granted to comply with the order dated 02-03-2023 and to deposit the
amount, yet the applicant/petitioner has not deposited 50% amount of the
total amount of Rs.9,45,000/- till date nor any application has been filed by
her for extension of time to deposit the same.
In view of the above, the deposition of 50% of the amount of
Rs.9,45,000/- within 20 days part of order dated 02-03-2023 stands vacated.
The learned trial Court is directed to initiate proceeding for recovery of the
fine/compensation amount from the applicant/accused as per the judgment
dated 15-03-2022 passed in Criminal Case No.3446/2018. The order with
respect to suspension of jail sentence is remain intact.
I.A. No.7/2023 is accordingly disposed of.
List this case after three weeks for further consideration.
Sd/-/-
(Ravindra Kumar Agrawal)
Judge
Aadil
