Chattisgarh High Court
Rohit Agrawal vs Punjab National Bank on 5 February, 2025
1/4
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1216 of 2024
1 - Rohit Agrawal S/o Shree Vijay Agrawal, Aged About 36 Years R/o Quarter
No. V-1, Ss Colony, Ddm School Road, Korba, District-Korba (C.G.)
... Applicant (s)
versus
1 - Punjab National Bank Niharika Branch Tehsil And District-Korba,
Chhattisgarh.
... Respondent(s)
Order Sheet
05/02/2025 Shri Sanjay Agrawal, counsel for the applicant.
Heard on I.A. No.2 of 2025, application for suspension of
sentence under Section 419 (4) read with Section 464 for
suspension of execution of fine amount of the BNSS, 2023 and
I.A. No. 1/2025, application for exempting the applicant for
surrendering before the learned trial Court.
The brief facts of the case are that a complaint Under U/s
138 of the Negotiable Instrument Act, was filed by the
Complainant Punjab National Bank Before the Judicial
Magistrate First Class Korba against the applicant to the effect
NARESH by NARESH
KUMAR
KUMAR KAMDE
KAMDE Date:
2025.02.10
10:46:36 +0530
that the applicant had taken a loan of Rs. 28 Lakhs from the
complainant bank on 25/05/2012 to purchase a Vehicle (Trailer).
Due to Non- Payment of Loan regularly, the applicant account
had turned into non-paying asset alleging that the applicant took
loan in the form of cheques for Vehicle from the respondent. The
complainant had submitted a cheque no. 038747 of HDFC Bank
Korba Branch dated 03/08/2017 for the amount of Rs.
16,76,325/- (Sixteen lakh Seventy Six Thousand Three Hundred
Five Rupees) before the bank but which got dishonored due to
insufficient amount and account dormant of the applicant
thereafter the respondent has given a notice to applicant and
thereafter filed a complaint case before the learned Judicial
Magistrate First Class. Learned Magistrate took the cognizance
in the matter and issued notices to the applicant/accused and
thereafter the Non applicant/complainant submitted the cheques,
memo issued by the bank and postal receipts and
acknowledgment in support of his complaint and got examined
himself. After that the applicant appeared before the trial court
and pleaded not guilty. In the trial court the complainant
examined himself and in defense the accused examined himself
as to prove the case, subsequently after considering the
evidence on record the learned trial court passed the judgment
of conviction and sentence dated 04/12/2023, where the learned
trial court convicted the applicant S.I. for 6 months and also
awarded compensation to the tune of Rs. 20,00,000/-. Being
aggrieved by the judgment dated 04/12/2023 the applicant has
preferred a criminal appeal before the Additional Session Judge
First Class, Korba (C.G.), wherein the applicant raised the
specific ground that the complainant has not proved his case
and also not given any notice U/s 138 of N.I. Act. Also raised the
ground that the applicant has already paid the Rs. 10,26,670/-
Lakh by way of installments and the respondent bank also
recovered the Rs.13,46,661/- lakhs from the CGTMSE (Credit
Guarantee Fund Trust for Micro and Small Enterprises) and the
applicant also deposited Rs 4 lakhs during the pendency of the
appeal but Learned Court which total comes to Rs. 27,49,331/-
affirm the order of the Trial Court and dismiss the appeal without
looking appreciating the fact that the Bank has already received
the near about principle amount.
Learned counsel for the applicant submits that the total
fine amount of Rs.20 Lacs, out of which he has already
deposited Rs. 4 Lacs and therefore kindly suspend the sentence
by releasing the applicant on bail and suspend the execution of
fine amount during pendency of revision.
After hearing counsel for the applicant and considering
the facts and circumstances of the case, it is directed that if the
applicant further deposits Rs. 6 Lacs within a period of 45 days
from today, the sentences shall remain suspended during
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. The
date on which the applicant surrenders, the trial Court shall
release the applicant on bail.
Accordingly, I.A. No.2/2025, application for suspension of
sentence under Section 419 (4) read with Section 464 for
suspension of execution of fine amount stands allowed and I.A.
No.1/2025 application for exempting the applicant for
surrendering before the trial Court stand disposed of.
List this case for final hearing in due course.
Sd/-
(Arvind Kumar Verma)
Judge
Kamde
