Chattisgarh High Court
Devnarayan Sahu vs Rishabh Kumar Jain on 20 August, 2025
1/4
Digitally
signed by
SOURABH
SOURABH PATEL
PATEL Date:
2025.08.20
18:13:32
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1025 of 2025
1 - Devnarayan Sahu S/o Shri Rajkumar Sahu, Aged About 40
Years, R/o Village- Rasouta, Police Station- Palari, District-
Baloudabazar- Bhatapara (C.G.).
... Applicant
versus
1 - Rishabh Kumar Jain S/o Late Shri Bhagchand Jain, Aged
About 46 Years, R/o Civil Line Gardon Chowk Baloudabazar,
District- Baloudabazar-Bhatapara (C.G.).
... Respondent
Order Sheet
20.08.2025 Mr. Rajendra Patel, Advocate 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 fine amount/compensation during
pendency of revision petition.
By judgment dated 05.04.2025 passed by
Chief Judicial Magistrate, Balodabazar, District-
Balodabazar-Bhatapara (C.G.) in Criminal
Complaint Case No. 78/2023, the applicant was
convicted for offence punishable under Section 138
of Negotiable Instrument Act and sentenced till
rising of the Court and to pay compensation of Rs.
3,10,000/- under Section 395(3) of BNSS and in
default thereof, S.I. for 04 months.
Being aggrieved by the said judgment, the
applicant preferred an appeal, i.e. Criminal Appeal
No. 32/2025 which was dismissed by learned 03 rd
Additional Sessions Judge, Balodabazar District -
Balodabazar-Bhatapara (C.G.) vide impugned order
dated 14.07.2025 affirming the order passed by
learned CJM and in default of payment of
compensation amount, S.I. for 06 months instead of
04 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.
It is further submitted that the appellate Court has
wrongly enhanced the default sentence for non-
payment of compensation amount from 04 months
to 06 months. The applicant is ready to abide by all
the terms and conditions which may be imposed
upon him while suspending the fine/compensation
amount. The conclusion of this revision petition is
likely to take considerable time, therefore, the
recovery of compensation may be suspended till
final disposal of the case.
Considering the facts and circumstances of
the case, particularly the fact that the applicant is
ready to abide by any terms and conditions to be
imposed by this Court, at this stage, I am inclined
to allow the application for suspension of
fine/compensation amount during pendency of
revision petition.
Accordingly I.A. No.01/2025 is allowed. The
recovery of the remaining compensation amount
shall remain stayed till the final disposal of the
instant revision petition, subject to deposit of 50%
of the cheque amount by the applicant within a
period of 60 days from today and 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.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Sourabh P.
