Chattisgarh High Court
Ravi Kumar vs Mahendra Pratap on 5 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 959 of 2025
• Ravi Kumar, S/o Madhohari Sahu, Aged About 35 Years, R/o Mahatma
Gandhi Ward No. 01, Tehsil Gurur, District Balod, Chhattisgarh.
... Applicant
versus
• Mahendra Pratap, S/o Ashok Kshatriya, Aged About 38 Years, R/o Ward
No. 09, Mararpara Balod, Tehsil And District Balod, Chhattisgarh.
... Respondent
(Cause title taken from Case Information System)
Order Sheet
05/08/2025 Mr. Shikhar Bhaktiyar, counsel for the applicant.
Heard on admission.
Admit.
Issue notice to the respondent on payment of PF as per
rules.
Also heard on I.A. No.01/2025, application for suspension
of sentence and grant of bail.
By judgment dated 24.01.2025 passed by Judicial
Magistrate First Class, Balod, District Balod (C.G.) in Criminal
Case No. 217/2019, the applicant has been convicted for offence
punishable under Section 138 of Negotiable Instrument Act and
sentenced to undergo S.I. for 6 months and to pay a
compensation of Rs. 4,00,000/-.
Being aggrieved by the said judgment, the applicant
Digitally
DEEPTI signed
by
JHA DEEPTI
NIRALA JHA
NIRALA
preferred an appeal, i.e. Criminal Appeal No.26/2025, wherein by
the impugned order dated 09.07.2025 passed by learned 2nd
Additional Sessions Judge, Balod, District Balod (C.G.), the
appeal filed by the applicant has been dismissed, affirming the
order passed by learned JMFC.
Learned counsel for the applicant submits that there is no
material on record on the basis of which the applicant's conviction
can be sustained. Only a short sentence of 6 months has been
imposed upon the applicant. The applicant is in jail since
09.07.2025, and he is ready to abide by all the terms and
conditions which may be imposed upon him while suspending the
jail sentence of the applicant and the recovery of compensation.
The conclusion of this revision petition is likely to take
considerable time; therefore, the applicant may be released on
bail, and the substantive jail sentence of the applicant may be
suspended till final disposal of this case. He also prayed that the
recovery of compensation may also be suspended till final
disposal of the case.
Considering the facts and circumstances of the case, as
also the fact that the applicant has been punished with a short
sentence of 6 months' simple imprisonment and a compensation
of Rs. 4,00,000, and the applicant is ready to abide by any terms
and conditions imposed by this Court, at this stage, I am inclined
to allow I.A. No.1/2025 subject to deposit 50% of the cheque
amount by the applicant within a period of 60 days from today, the
recovery of the remaining compensation amount shall remain
stayed till the final disposal of the instant revision.
Accordingly, I.A. No. 01/2025 is allowed. The substantive
jail sentence of the applicant shall remain suspended till final
disposal of the instant revision petition and he shall be released
on bail on his executing 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. He 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 case.
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.
Call for records of the trial Court.
List this case along with CRR No.959/2025.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
