Nohar Sonwani vs Radheshayam Markandey
2025 Latest Caselaw 1691 Chatt

Chattisgarh High Court

Nohar Sonwani vs Radheshayam Markandey on 14 August, 2025

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                                                                Digitally signed
                                                                by BHOLA NATH
                                                                KHATAI
                                                                Date: 2025.08.14
                                                                17:03:48 +0530




         HIGH COURT OF CHHATTISGARH AT BILASPUR
                          CRR No. 749 of 2021

Nohar Sonwani S/o Dayalal Sonwani Aged About 36 Years R/o Village
Rengkathera, P.S. Gunderdehi, District Balod Chhattisgarh
                                                              ... Applicant
                                 versus
Radheshayam Markandey S/o Sukhram Markandey Aged About 41 Years
R/o Village Kalangpur, P. S. Gunderdehi District Balod Chhattisgarh
                                                            ... Respondent

Order Sheet

14.08.2025 Mr. Avinash Chand Sahu, counsel for applicant.

Mr. S. P. Sahu, counsel for respondent.

Heard on I.A. No.01/2025, application for grant of bail and for grant of stay against the impugned order dated 04.08.2021 By judgment dated 15.11.2019 passed by Judicial Magistrate First Class, Gunderdehi, District - Balod (C.G.) in Criminal Case No.25/2019, the applicant was convicted for offence punishable under Section 138 of Negotiable Instrument Act and sentenced to undergo S.I. for 3 months with fine Rs.1,000/-, in default of payment of fine, to undergo additional SI for one month.

In appeal i.e. Criminal Appeal No.77/2019 preferred by the applicant, the Additional Sessions Judge, Balod,

District Balod (C.G.), vide impugned judgment dated 04.08.2021, modified the sentence of 3 months SI till rising of the Court, however, imposed compensation of Rs.3,01,000 and directed to deposit the same within a period of 60 days, failing which to undergo SI for 3 months, against which the present revision has been filed.

By order dated 13.07.2022 passed by this Court, it was directed that subject to the applicant depositing 50% of the compensation amount before the trial Court within one month, the recovery/depositing of remaining compensation amount would remain suspended.

According to the counsel for applicant, due to non- payment of 50% compensation amount within the stipulated time, while taking action, sent the accused/applicant Nohar Sonwani to jail on 25.06.2025, whereas a compromise has taken place between the parties but the complainant could not appear for compromise. Hence, prays for grant of bail to the applicant.

Considering the entire facts and circumstances of the case, it is directed that subject to the applicant furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, he shall be released on bail forthwith.

Both the parties are directed to remain present in person before this Court on the next date of hearing.

List the case on 4th September, 2025.

Sd/-

(Sanjay Kumar Jaiswal) Judge khatai