Chattisgarh High Court
Sunil Mishra vs Uttam Kumar Soni on 22 April, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 515 of 2025
1 - Sunil Mishra S/o Late Brijbhushan Mishra Aged About 53 Years R/o
Jabbal Gali, Nehru Nagar, P.S. Civil Line Bilaspur District - Bilaspur
Chhattisgarh.
... applicant
versus
1 - Uttam Kumar Soni S/o Ramsevak Soni Aged About 56 Years R/o Village
Mangla, Maharishi School Road, P.S. Civil Line Bilaspur District - Bilaspur
Chhattisgarh.
... Respondent
Order Sheet
22/04/2025 Mr. Sanjay Agrawal, learned counsel appearing for the
applicant.
The Revision is admitted for hearing.
Call for the record of the trial Court as well as appellate
Court.
Issue notice to the respondent on payment of process
fee by ordinary as well as registered/AD mode both.
Also heard on I.A. No. 1 of 2025, which is an
application for suspension of sentence and for grant of bail to
the applicant during pendency of the instant revision.
The applicant has challenged the impugned judgment /
order dated 12.03.2025, passed by 4th Upper Sessions
Judge, Bilaspur (C.G.) in Criminal Appeal No. 34/2020
whereby the appeal preferred by the applicant has been
dismissed upholding the judgment of conviction and sentence
dated 10.01.2020 passed by the learned Chief Judicial
Magistrate, Bilaspur passed in Complaint Case No. 1511 of
2014 wherein the applicant has been convicted and
sentenced as under:
No. Conviction Sentence
1. Under Section 138 of R.I. for 1 year with fine
Negotiable of 6,50,000/-, in default
Instrument Act, 1881 of payment of fine
amount, to further
undergo S. I. for 6
months
Learned Counsel for the convict/applicant submits that
the applicant has been falsely implicated in the present case.
He submits that the complaint filed by the complainant is
barred by limitation. He would also submit that the alleged
cheque of Rs. 6,00,000/- has not been dishonored on the
ground of insufficient balance in the account of the applicant
but the same has been dishonored due to the difference in
the signature over the said cheque, but learned trial Court as
well as the appellate Court has not considered the aforesaid
fact properly and has convicted the applicant for the alleged
offence. It is also contended that Rs. 1,45,000/- has already
been deposited by the applicant in compliance of the order
passed by the appellate Court. He would further submit that
the applicant is in detention since 02.03.2025. The revision
is of the year 2025 and final adjudication of the same will take
its own time, hence it is prayed that the applicant be
enlarged on bail.
I have heard learned counsel for the applicant and
perused the records of the Courts below.
Considering the submission made by learned counsel
for the parties, also considering the nature of allegation made
against the applicant; further that the applicant is in detention
since 02.03.2025, final hearing of this revision would take
some long time, it is directed that substantive jail sentence of
the applicant shall remain suspended subject to the condition
that applicant shall deposite 75% of the amount out of total
amount of fine i.e. Rs. 6, 50,000/- within two months from
today. Failing which, his bail is liable to be cancelled. The
amount which has already been deposited by the applicant
shall be considered as deposit as a part of this 75% of the
amount
Accordingly, the substantive jail sentence awarded to
applicant- Sunil Mishra by the learned trial Court is hereby
suspended. He shall be released on bail on his executing
bail bond alongwith one surety of Rs. 25,000/- to the
satisfaction of the concerned trial Court for his appearance
before the Registry of this Court on 23.06.2025. He shall
thereafter appear before the concerned 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
them by the said Court, interval being not less than 6 months,
till final disposal of this revision. Consequently, I.A. No. 1 of
2025 stands disposed of.
List this matter for final hearing in due course.
Certified copy, as per rules.
Sd/-
(Ravindra Kumar Agrawal)
Digitally
signed by JUDGE
AMITA
DUBEY
Date:
2025.04.25
16:24:37
+0530
amita
