Chattisgarh High Court
Santosh Kumar Sahni vs Smt. Jogeshwari Dewangan on 7 February, 2025
1/3
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 161 of 2025
SANTOSH KUMAR SAHNI versus SMT. JAGESHWARI DEWANGAN
CRR/178/2025, CRR/179/2025, CRR/181/2025, CRR/169/2025, CRR/177/2025
Order Sheet
07/02/2025 Ms. Aditi Singhvi, Counsel for the Applicant.
Heard.
Issue notice to the respondent on payment of process
fee, as per rules.
Notice be made returnable within six weeks.
Also heard on IA No. 01/2025, an application for
suspension of sentence and grant of bail and suspension of
fine amount and also heard on IA No. 02/2025, an application
seeking exemption from surrendering before filing of criminal
revision.
By the impugned judgment dated 13.01.2025, passed
by the Second Additional Sessions Judge, Durg, District Durg
(C.G.) passed in Criminal Appeal No. 225/2024, whereupon
the applicant stands convicted for offence punishable under
Section 138 of Negotiable Instruments Act, 1881 and
sentenced him to undergo an imprisonment of two years and
fine amount of Rs. 16,58,000/-( The learned Appellate Court
has decided 3 appeals together and awarded sentence of 02
years each for 06 different cheques wherein all the sentences
are to run concurrently and directed the applicant to pay fine
of Rs. 37,70,000/- which shall be paid to the complainant as
compensation).
Learned counsel for the applicant submits that applicant
has been falsely implicated in this case, he has not
committed any offence as alleged against him. The applicant
has a good case in his favour. During the proceeding before
the Trial Court, applicant was on bail and he never missused
the liberty granted to him earlier. He further submits that
applicant is ready to pay half of the fine amount/compensation
as imposed upon him by the Trial Court. Conclusion of the
revision may take time, hence, sentence awarded to applicant
may be suspended and he be enlarged on bail.
Heard learned counsel for the applicant.
Perusal of impugned judgment/order would show that
Trial court has imposed the compensation/fine of Rs.
37,70,000/- upon the applicant, however, till date he has not
complied with the impugned order.
Considering the facts of the case, submission of the
counsel for the applicant, the fact that during the proceeding
before the trial court, applicant was on bail and he never
misused the liberty granted to him earlier, further considering
the applicant is ready to pay the fine amount/compensation
as imposed upon him by the Trial Court, conclusion of the
revision may take time, I am inclined to allow the suspension
application and release the applicant on bail on certain
conditions, (I). Firstly applicant shall surrender before the
concerned trial court and pay half of the fine amount i.e. Rs.
18,85,000/- on the same date; (ii) Applicant shall file affidavit
before the trial court assuring that he will pay the remaining
fine amount within further next thirty days.
Accordingly, IA No. 01/2025, an application for
suspension of sentence and grant of bail to the applicant, is
allowed as per the above terms and conditions. Whereas, IA
No. 02/2025, an application seeking exemption from
surrendering before filing of criminal revision stands rejected.
It is directed that upon fulfilling the above terms and
conditions, execution of substantive jail sentence imposed on
applicant shall remain suspended and he be released on bail
on his executing a personal bond of Rs.10,000/- with one
surety for the like sum to the satisfaction of the Trial Court for
his appearance before the Registry of this Court on
03.03.2025. He shall thereafter appear before the Trial Court
on a date to be given by the Registry of this Court and shall
continue to appear there on all such other subsequent dates
as are given to him by the said court, till disposal of this
appeal.
List this case after service upon the respondent.
sd/-
(Arvind Kumar Verma)
JUDGE
alfiza
