Chattisgarh High Court
Narayan Sarthi @ Painter vs Pavitranath Sarthi on 27 February, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
ABHIGYA signed by
SAXENA ABHIGYA
SAXENA
CRR No. 268 of 2025
NARAYAN SARTHI @ PAINTER versus PAVITRANATH SARTHI
Order Sheet
27/02/2025 Mr. Surfaraj Khan, Advocate for the Applicant.
Heard.
Issue notice to the respondent on payment of process
fee as per rules, notice be made returnable within three
weeks.
In the meanwhile, call for the records of the
concerned trial Court and the concerned Appellate Court.
Also heard on IA No. 01/2025 - an application under
Section 438(1) of BNSS for suspension of sentence and
grant of bail to the applicant.
By the impugned judgment dated 21.01.2025
(Annexure A/1) passed by the Second Additional Session
Judge, Surajpur, District Surajpur (C.G.) in Criminal Appeal
No.02/2024 whereby the learned judge dismissed the
appeal filed by the applicant against the judgment dated
11.12.2023 passed in Complaint Case No.1492/2019
whereby the JMFC Surajpur District surajpur held him guilty
for the offence punishable under Sections 138 of the
Negotiable Instrument Act and 357 of Code of Criminal
Procedure, The Appellate Court affirms the judgment
passed by the learned trial Court and sentence the
applicant as under:
Conviction Sentence
Under Section 138 of Simple Imprisonment for 06
Negotiable Instruments months.
Act.
Under Section 357 of the Compensation of Rs.
CrPC 1,30,000/- and in default of
payment of above
compensation amount, then
06 months Simple
Imprisonment.
Learned counsel for the applicant submits that
applicant has falsely been implicated in this case. He would
further contended that both the Court have failed to
appreciated that no documents or evidence has been
adduced by the complainant in support of his complaint. 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
may be enlarged on bail.
I have Heard learned counsel appearing for the
applicant and perused the documents available on record.
On perusal of impugned judgment/order would show
that trial Court has imposed the compensation/fine of Rs.
1,30,000/- 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 the applicant is ready to
pay the fine amount/compensation as imposed upon him by
the trial Court/Appellate Court, conclusion of the revision
may take time, therefore, I am inclined to allow the
suspension application and release the applicant on bail.
Accordingly, IA No. 01/2025, an application for
suspension of sentence and grant of bail to the present
applicant, is allowed. It is directed that applicant on
depositing 40% of fine/compensation amount the execution
of substantive jail sentence imposed on applicant shall
remain suspended and he shall 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 07th of
April, 2025. He shall thereafter appear before the trial Court
on the dates given by the Registry of this Court and shall
continue to appear there on all such other subsequent
dates as and when given to him by the trial Court, till
disposal of this revision.
List this case after service report is received.
Sd/-
(Arvind Kumar Verma)
JUDGE
Saxena
