Sunil Mishra vs Uttam Kumar Soni
2025 Latest Caselaw 3869 Chatt

Chattisgarh High Court

Sunil Mishra vs Uttam Kumar Soni on 22 April, 2025

                                          1




         HIGH COURT OF CHHATTISGARH AT BILASPUR

                              CRR No. 516 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.

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. 33/2020 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. 1512 of 2014 wherein the applicant has been convicted and sentenced as under:

      Conviction         Sentence
      Under     Section R.I. for 1 year and fine of
      138             of 30,000/- in default of payment
      Negotiable         of   fine   amount,    to   further
      Instrument    Act, undergo S. I. for 1 month

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 applicant was facing financial crisis and the alleged cheque of Rs. 20,000/- has been dishonored due to insufficient balance in his account. He would further submit that the applicant is in jail since 12.03.2025. 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 jail since 12.03.2025, 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 the applicant shall deposit the amount of cheque i.e. Rs. 20,000/- within two months from today, failing which his bail is liable to be cancelled. The amount already deposited, if any, shall be considered as deposit towards said amount of Rs. 20,000/-.

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 Digitally signed by 2025 stands disposed of.

AMITA List this matter for final hearing in due course.

DUBEY
Date:                     Certified copy, as per rules.
2025.04.25
16:23:58                                                   Sd/-
+0530                                           (Ravindra Kumar Agrawal)
                                                           JUDGE



amita