Mahesh Kaivart vs Devrishi Bhardwaj
2025 Latest Caselaw 3737 Chatt

Chattisgarh High Court

Mahesh Kaivart vs Devrishi Bhardwaj on 26 August, 2025

                                         1




          HIGH COURT OF CHHATTISGARH AT BILASPUR

                                CRR No. 1056 of 2025

1 - Mahesh Kaivart S/o K.P. Kaivart, Aged About 47 Years (Director Ganesh Tent
House), (Occupation Tent House Business) R/o Udai Chowk, Ganesh Tent
House Katiyapara Ps City Kotwali Tahsil And District Bilaspur (C.G.)
                                                                  ... Applicant
                                      Versus
1 - Devrishi Bhardwaj S/o Ram Rai Bhardwaj, Aged About 39 Years (Occupation
Farmer R/o Katiyapara Madhuband Road Juna Bilaspur Ps City Kotwali Tahsil
And District Bilaspur (C.G.)
                                                               ... Non-Applicant

                                    Order Sheet



 26/08/2025           Mr. Dhreendra Pandey, Advocate on behalf of Mr. Vijay
               Shankar Mishra, Advocate for the Appellant.
                      Heard.
                      Issue notice to Respondent on payment of process fee, as

per rules. Notice be made returnable within 03 weeks.

Also heard on I.A. No. 01/2025 which is an application for grant of stay.

Learned counsel for the applicant submits that the complainant has filed complaint under Section 138 of the Negotiable Instruments Act, 1881. After trial, complaint was dismissed by the learned Judicial Magistrate First Class, Bilaspur, however, in an appeal preferred by the respondent, judgment

passed by the learned Judicial Magistrate was reversed and it was directed to deposit Rs. 2,17,500/- under Section 357 (1) (b) of the Code of Criminal Procedure, 1973. He contended that there is prima facie case in his favour and is likely to succeed and therefore, direction to deposit the compensation be stayed.

On due consideration of the grounds as pleaded in the application and the submission of the counsel for the appellant, facts and circumstances of the case, purely as an interim measure, it is directed that the direction to deposit compensation of Rs. 2,17,500/- shall remain stayed till the next date of hearing.

In the meanwhile, call for record of the criminal case as also, the appeal from the concerned Court.

Certified copy as per rules.

Sd/- Sd/-

(Parth Prateem Sahu) Judge

SHUBHAM DEY

Digitally signed by SHUBHAM DEY

Dey