Chattisgarh High Court
Manish Kumar Maheshwari vs Roopram Sen (Deceased) Through His Lr. ... on 7 February, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 175 of 2025
MANISH KUMAR MAHESHWARI versus ROOPRAM SEN (DECEASED)
THROUGH HIS LR. SUDHERAM SEN
CRR/184/2025
Order Sheet
07/02/2025 Mr. Priyank Rathi, Counsel for the Applicant.
Heard on IA No. 01/2025, an application for grant of Ad-
Interim Relief.
By the impugned judgment dated 08.01.2025(Annexure
A/1) passed by the learned session Judge, Mahasamund
(C.G.) in Criminal Appeal No. H19/2023 whereby the learned
judge dismissed the appeal filed by the applicant against the
judgment dated 22.02.2023 passed in Complaint case No.
2493 of 2015 whereby the learned JMFC Mahasamund held
him guilty for the offence punishable under Section 138 of the
Negotiable Instrument Act and the appellate court affirms the
judgment passed by the learned trial court.
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
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the Trial Court, applicant was on bail and he never misused
the liberty granted to him. He further submits that applicant is
ready to pay 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.
3,00,000/- 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 25% of the fine amount i.e. Rs.
1,75,000/- shall be deposited on the same date; (ii) Applicant
shall file affidavit before the trial court assuring that he will pay
the remaining fine amount within a month.
Accordingly, IA No. 01/2025, an application for grant of
ad-interim relief, is allowed as per the above terms and
conditions. It is directed that on fulfilling the above terms and
conditions, execution of substantive jail sentence imposed on
applicant shall remain suspended and he be released on bail
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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.
Meanwhile, issue notice to the respondent on payment
of process fee, as per rules.
Notice be made returnable within six weeks.
List this case after service upon the respondent.
sd/-
(Arvind Kumar Verma)
JUDGE
alfiza
