Avadh Kumar Churendra vs Arihant Taders
2025 Latest Caselaw 1109 Chatt

Chattisgarh High Court

Avadh Kumar Churendra vs Arihant Taders on 5 August, 2025

                                      1/3




              HIGH COURT OF CHHATTISGARH AT BILASPUR

                            CRR No. 957 of 2025
             AVADH KUMAR CHURENDRA versus ARIHANT TADERS

                                 Order Sheet



05/08/2025          Mr. Ravi Kumar Bodhani, counsel appears through video

              conferencing along with Mr. Ankush Soni, counsel appears

              before this Court in person for the appellant.

                    Ms. Binu Sharma, P.L. for the State/respondent.

The Chief Judicial Magistrate Mohla - Manpur -

Ambagarh Chowki, Place Ambagarh Chowki, Civil District

Rajnandgaon (C.G.) vide judgment dated 06.04.2024 in Criminal

Case No.536/2021, convicted and sentenced the applicant as

under :-

S.No. Conviction Sentence

01. U/s. 138 of the R.I. for 6 months and Negotiable Instrument compensation amount of Act Rs.9,37,000/- be paid to complainant within 1 month and in default of payment of compensation amount, further R.I. for 3 months.

The applicant preferred an appeal, i.e., Criminal Appeal

No.12/2025, whereby the Additional Sessions Judge (F.T.C.)

Ambagarh Chowki, District Mohla Manpur Ambagarh Chowki

(C.G.) vide order dated 14.07.2025 affirmed the judgment passed

by the trial Court.

The applicant failed to appear before the appellate Court

on the date of judgment. He was imprisoned by the CJM, which

was affirmed by the Appellate Court. It has not been stated that

whether he surrendered before the trial Court. The application for

suspension of sentence and grant of bail is still pending for

hearing.

The High Court of Chhattisgarh Rules, 2007 states as

under:-

113. Revisions arising out of conviction and sentence of imprisonment shall be posted for admission only after the applicant has surrendered.

In accordance with the aforesaid provision, the instant

revision filed by the applicant/accused cannot be proceeded with

until he surrenders.

Accordingly, the applicant/accused is directed to surrender

before the trial Court within 10 days and intimation of the

surrender shall be given to this Court.

Office is directed to send a certified copy of this order to

the trial Court concerned for necessary information and

compliance forthwith.

List this matter in the week commencing 1st September,

2025.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Digitally DEEPTI signed by JHA DEEPTI NIRALA JHA NIRALA