Manoj Kumar Sinha vs Shivkumar Sinha
2025 Latest Caselaw 3756 Chatt

Chattisgarh High Court

Manoj Kumar Sinha vs Shivkumar Sinha on 28 August, 2025

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                                                                                 NAFR
               HIGH COURT OF CHHATTISGARH AT BILASPUR

                                   CRR No. 1063 of 2025

      •     Manoj Kumar Sinha S/o Shri Ramdayal Sinha Aged About 30 Years R/o
            Village And Post- Potiyadih, Thana- Arjuni, Distt- Dhamtari (C.G.)
                                                                           ... Applicant
                                           versus
      •     Shivkumar Sinha S/o Shri Manglu Sinha Aged About 47 Years R/o Village
            - Tarsiva, Thana- Arjuni Distt- Dhamtari (C.G.)
                                                                      ... Respondent(s)

Order on Board

28/08/2025 Mr. Sunil Sahu, Advocate for applicant.

Heard.

Issue notice to respondent on payment of process fee. PF

be paid as per rules. Notice be made returnable within three

weeks.

Also heard on I.A. No.01/2025, which is an application for

staying the impugned order, so far as it relates to depositing of

₹ 2,10,000 as compensation.

PAWAN KUMAR This Criminal Revision is filed against the judgment of JHA Digitally signed by PAWAN conviction and order of sentence dated 21.05.2025, passed in KUMAR JHA

Criminal Appeal No. 18/2023, by the Learned Additional Sessions

Judge (FTC), Dhamtari, District- Dhamtari, C.G. arising out of the

judgment of conviction and sentence dated 31.01.2023 passed in

Criminal Case No. 1856/2018, by the learned Judicial Magistrate

First Class, Dhamtari, District- Dhamtari, C.G., whereby the

applicant has been convicted and sentenced in the following

manner:-

            Conviction                         Sentence
U/s   138    of   the    Negotiable T.R.C. and compensation of ₹
Instruments Act, 1881              2,10,000/- under Section 357 (3) of
                                   CrPC; in default of payment of

compensation, additional S.I. for 1 month.

Learned counsel for applicant submits that applicant has

already deposited 20% of the amount of compensation before the

trial court at the time of filing of appeal and therefore as the

revision may take some time to be heard, balance compensation

amount be stayed.

On due consideration of the submission of learned counsel

for applicant and considering that revision may take some time for

hearing, I am inclined to allow I.A. No. 01/2025.

Accordingly, I.A. 01/2025 is allowed, it is directed that upon

applicant's depositing further 20% of the compensation of

₹ 2,10,000, there shall be stay of remainder amount of

compensation as ordered by the trial court and affirmed by the

appellate court.

In the meanwhile, call for the record of criminal case from

the concerned trial court/ appellate court and list the matter

thereafter.

Certified copy as per rules.

Sd/-

(Parth Prateem Sahu) JUDGE

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