Chattisgarh High Court
Hanuman Prasad Sinha vs Bhagwantin Paikara on 7 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 976 of 2025
• Hanuman Prasad Sinha, S/o Kaluram Sinha, Aged About 55 Years, R/o
Quarter No. A/6, Sinchai Colony, Rudri, Tahsil And District Dhamtari
(C.G.). ... Applicant
versus
• Bhagwantin Paikara, W/o Rambhagat Paikara, Aged About 49 Years, R/o
Quarter No. H/21, Sinchai Colony, Rudri, Tahsil And District Dhamtari
(C.G.). ... Respondent
(Cause title taken from Case Information System)
Order Sheet
07/08/2025 Mr. Jitendra Gupta, 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 grant of stay
of effect and operation of order dated 14.07.2025.
By the impugned judgment of conviction and order of
sentence dated 24.07.2025 (Annexure-A/1) passed by the
learned Additional Sessions Judge Dhamtari, District Dhamtari
(C.G.) in Criminal Appeal No.80/2024, applicant has been
convicted and sentenced as under :-
Digitally
DEEPTI signed
by
JHA DEEPTI
NIRALA JHA
NIRALA
S.No. Conviction Sentence
01. u/s 138 of the S. I. For 3 months and
Negotiable Instruments compensation amount
Act, 1881 of Rs.5,30,000/-, in
default of payment of
compensation, further
S.I. for 2 months.
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 3 months has been
imposed upon the applicant. The applicant is in jail since
24.07.2025 i.e., from the date of passing of judgment 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 3 months' simple imprisonment and a compensation
of Rs.5,30,000/- 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 thereafter.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
