Satnam Traders vs Om Sairam Fuels
2025 Latest Caselaw 1075 Chatt

Chattisgarh High Court

Satnam Traders vs Om Sairam Fuels on 4 August, 2025

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                                                                 Digitally signed
                                                                 by BHOLA
                                                                 NATH KHATAI
                                                                 Date:
                                                                 2025.08.05
                                                                 10:21:57 +0530




         HIGH COURT OF CHHATTISGARH AT BILASPUR

                           CRR No. 952 of 2025

Satnam Traders, Proprietor- Pawan Kumar Yadu, S/o Janak Ram Yadu,
Aged About 35 Years, R/o Village Morid, Joba Para Post- Dundera Police
Station Utai, Tahsil- Patan - District- Durg (C.G.)
                                                          ... Applicant
                                   versus
Om Sairam Fuels Propriector Pramila Banjari W/o Rajesh Kumar Banjari
Aged About 43 Years, R/o E.W.S. 1380, M.P.H.B. Industrial Area Bhilai
Tahsil And District- Durg (C.G.)
                                                           ... Respondent

Order Sheet

04/08/2025 Ms. Rajni Soren, counsel for applicant.

Heard on admission.

Admit.

Call for the records.

Issue notice to the respondent on payment of PF as per the rules.

Also heard on I.A. No.01/2025, application for grant of

interim relief.

By judgment dated 29.06.2024 passed by the Judicial Magistrate First Class, Durg, District Durg, (C.G.) in Complaint Case No.8080/2016 the applicant was convicted under Section 138 of the N.I. Act and sentenced to undergo SI for 1 year and to pay fine/compensation of Rs.2,50,000/- with default stipulation.

Being aggrieved by the said judgment, the applicant preferred an appeal i.e. Criminal Appeal No.240/2024 which was partly allowed vide impugned judgment dated 23-05- 2025 by the 7th Additional Sessions Judge, Durg (C.G.) whereby the conviction of the applicant under Section 138 N.I. Act has been upheld, however, the jail sentence of 1 year has been set aside but the fine/compensation has been maintained.

It is a case of cheque bounce. Taking into consideration the facts and circumstances of the case, it is directed that subject to the applicant depositing 50% of the cheque amount within a period of 60 days from today and also furnishing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 26th September, 2025, the payment of the remaining compensation amount shall remain stayed till final disposal of the instant criminal revision. The compensation amount already deposited by the applicant shall be adjusted. The applicant shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on

all such subsequent dates as are given to him by the said Court till disposal of this revision.

After due verification, the complainant would be at liberty to withdraw the amount deposited by the applicant with a condition to return the said amount whenever the Court directs.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Khatai