Chattisgarh High Court
Pramod Pandey vs Praveen Rai on 3 February, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 146 of 2025
1 - Pramod Pandey S/o Late Sarvajit Pandey Aged About 52 Years R/o Lotus 375,
Talpuri International Colony, Thana Bhilai Nagar, District- Durg, Chhattisgarh
... Applicant
versus
1 - Praveen Rai S/o S.D. Rai Aged About 49 Years R/o Quater No. 6b, Sadak No. 07,
Sector- 01, Bhilai Tahsil And District Durg (Chhattisgarh)
... Respondent(s)
Order Sheet
03/02/2025 Mr. T.K. Jha, Counsel for the applicant.
Heard on I.A. No. 01/2025 an application for
suspension of sentence and grant of bail under Section
430 of BNSS, 2023 and I.A. No. 02/2025 an application
for exempting to deposit 20% of fine/compensation
amount under Section 148 of N.I. Act, 1881.
The brief facts of the case are that the present
applicant and the respondent/complainant are already
acquainted with each other. The petitioner/accused in
need of money had taken a loan of Rs. 6,60,000/- from
the respondent/complainant which the applicant had
promised to return as soon as possible. The applicant
kept on delaying the payment of loan amount of Rs.
6,60,000/- even after the stipulated time. When the
complainant demanded the loan amount, the accused
gave a cheque number 000787 dated 17.11.2016 of
Axis Bank, Nehru Nagar Bhilai, signed in his name, for
the amount of Rs. 6,60,000/-. The complainant
deposited the said cheque in his bank Axis Bank,
branch Supella, Bhilai for receiving the payment. But on
30.11.2016, the complainant came to know from the
bank's memorandum that the cheque was dishonoured
and returned due to insufficient funds in the accused's
account. The complainant informed the accused about
the dishonour of the cheque but the accused did not
pay the amount mentioned in the cheque. The
complainant was agitated by this and sent registered
demand notice to the accused's address on 20.12.2016
through his advocate. When the accused did not pay
the amount of Rs. 8,10,000/- mentioned in the cheque
to the complainant within 15 days from the date of
notice, the complainant filed a complaint before the
Trial Court under Section 138 of the Negotiable
Instruments Act, 1881. The case was framed and after
the particulars of the crime were read out to him, the
accused denied the crime and sought trial. The Trial
Court convicted the accused under Section 138 of NIA,
1881 and sentenced to undergo him 6 months Rigorous
Imprisonment and fine of Rs. 8,10,000/-. The accused
filed an appeal against the judgment of learned JMFC
before the Additional Sessions Judge, Durg. The
learned First Additional Sessions Judge, Durg
dismissed the appeal and convicted the accused under
Section 138 of NIA, 1881.
Looking to the facts and circumstances of the
case, particularly the short sentence awarded by the
Trial Court and affirmed by the Appellate Court, I am of
the opinion that it will be proper to release the appelant
on bail during the pendency of this criminal revision.
Therefore, the accused shall deposit 10% of the
compensation amount before the Trial Court on that
condition the remaining sentence imposed upon the
appellant shall remain suspended during the pendency
of this criminal revision and he shall be released on bail
on executing a bail bond of Rs. 10,000/- with two
sureties for the like sum to the satisfaction of the
concerned Trial Court.
Accordingly, I.A. No. 01/2025 an application for
suspension of sentence and grant of bail under the
Section 430 of BNSS, 2023 stands allowed and I.A.
No. 02/2025 an application for exemption to deposit
20% of fine/compensation amount under Section 148 of
NI Act, 1881 stands partly allowed.
List this case for final hearing in its due course.
Certified Copy today.
Sd/-
(Arvind Kumar Verma)
Judge
Madhurima
