Chattisgarh High Court
Narendra Kumar Gilahre vs Gajendra Dewangan on 28 August, 2025
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1065 of 2025
• Narendra Kumar Gilahre S/o Puneet Ram Gilahre Aged About 35 Years
R/o Hanuman Mandir, Naidu Gali Mathpara, Raipur, District Raipur
Chhattisgarh
... Applicant
versus
• Gajendra Dewangan R/o House No. 52/1653, In Front Of Teli
Dharamshala, Ashwani Nagar, Near Laxminarayan School, Ward No. 65,
Raipur, District - Raipur Chhattisgarh
... Respondent(s)
Order on Board
28/08/2025 Mr. Priyank Rathi, 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
suspension of sentence and grant of bail including
fine/compensation amount.
PAWAN This Criminal Revision is filed against the judgment dated
KUMAR
JHA
Digitally
signed by
PAWAN
06.08.2025, passed in Criminal Appeal No.214/2025, by the
KUMAR JHA
Learned Tenth Additional Sessions Judge, Raipur, District- Raipur,
C.G. arising out of the judgment of conviction and sentence dated
20.03.2025 passed in Complaint Case No.984/2022, by the learned
Judicial Magistrate First Class, Raipur, District- Raipur, C.G.,
whereby the applicant has been convicted and sentenced in the
following manner:-
Conviction Sentence
U/s 138 of the Negotiable S.I. for 6 months and compensation
Instruments Act, 1881 of Rs. 2,95,000/-; in default of
payment of compensation,
additional S.I. for 30 days.
It is submitted by learned counsel for applicant that the
applicant has falsely been implicated in this case, complainant
failed to prima facie establish the essential ingredients of the
offence as mentioned above and the case was not proved beyond
reasonable doubt on the basis of material available on record.
Learned counsel submitted that the applicant prima facie has a
good case in his favour, he is in jail since the date of impugned
judgment of appellate court ie., 06.08.2025. Hence, jail sentence
awarded to him be suspended staying the compensation amount
during pendency of this revision.
Considering the submission made by learned counsel for
applicant, nature of allegation, 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 40% of the compensation amount of ₹
2,95,000/-, within a period of one week (including any amount
deposited against compensation earlier), there shall be stay of
remainder amount of compensation as ordered by the trial court
and affirmed by the appellate court and the substantive jail
sentence of applicant shall remain suspended during pendency of
this revision and he be released on bail with one surety in the like
sum to the satisfaction of concerned Court, for his appearance
before the Registry of this Court on 28.10.2025. Thereafter, he shall
appear before the trial Court on the date to be given by the Registry
of this Court and will continue to appear there on all such dates
before trial Court till disposal of this Criminal Revision.
List this case after eight weeks.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
JUDGE
pwn
