Santosh Kumar Gupta vs S. Imran
2025 Latest Caselaw 280 Chatt

Chattisgarh High Court

Santosh Kumar Gupta vs S. Imran on 1 July, 2025

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        Digitally
        signed by
        SOURABH
SOURABH PATEL
PATEL   Date:
        2025.07.04
        10:28:44
        +0530

                          HIGH COURT OF CHHATTISGARH AT BILASPUR
                                            CRR No. 783 of 2025


                     1 - Santosh Kumar Gupta S/o Late Dashrath Sao, Aged About 45
                     Years R/o Jaimata Sabji Bhandar Company Bazar, Ambikapur,
                     Police Station And Tahsil - Ambikapur, District- Sarguja (C.G.)
                                                                           ... Applicant
                                                      versus


                     1 - S. Imran S/o Late Shri Abdul Jabbar Aged About 43 Years R/o
                     Mayapur, Ambikapur, Police Station And Tahsil - Ambikapur,
                     District- Sarguja (C.G.)
                                                                         ... Respondent

Order Sheet

01.07.2025 Ms. Yashasvi Singhai, Advocate on behalf of Ms. Hamida Siddiqui, Advocate for the Applicant.

Heard on admission.

Issue notice to the respondent by ordinary as well as registered mode, on payment of process fee as per rules.

Also heard on I.A. No.01/2025, application under Section 438(1) of BNSS for suspension of compensation amount and stay the effect and

operation of the impugned orders.

By judgment dated 06.12.2024 passed by Judicial Magistrate First Class, Ambikapur, District-Surguja (C.G.) in Complaint Case No. 3562/2022, and the applicant has been convicted for offence punishable under Section 138 of Negotiable Instrument Act and sentenced to pay compensation of Rs.4,00,000/- under Section 357 (3) of Cr.P.C. and in default thereof, he shall liable to undergo 02 months simple imprisonment.

Being aggrieved by the said judgment, the applicant preferred an appeal, i.e., Criminal Appeal No. 60/2024, whereby vide impugned order dated 13.06.2025 passed by learned 06th Additional Sessions judge, Ambikapur, District-Surguja (C.G.) has partially modified the impugned order passed by learned JMFC, Ambikapur, District-Surguja and affirm the fine/compensation of Rs.4,00,000/- under Section 357(1)([k) of Cr.P.C. with default stipulation within 20 days.

Learned counsel for the applicant submits that there is no material on record on the basis of which applicant's conviction can be sustained. He further submits that the complainant has not produced proper evidence to establish his case against the applicant, therefore, applicant is liable to be acquitted from the charges of 138 of NI Act. Therefore, the I.A. No. 01/2025 for suspension of

compensation amount may be allowed and effect and operation of the impugned 13.06.2025 be stayed till final disposal of this revision.

Considering the facts and circumstances of the case, as also the judgment dated 06.12.2024 passed by learned Judicial Magistrate First Class which has also been affirmed by Appellate Court vide judgment dated 13.06.2025. Therefore, without commenting anything on merits, I am inclined to allow I.A. No.1/2025 subject to deposit 50% of the cheque amount by the applicant within a period of 60 days from today and executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 25.08.2025. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to him by the said Court till disposal of this case. The recovery of the remaining compensation amount shall remain stayed, till the final disposal of the instant revision.

Accordingly, the I.A. No. 01/2025 is allowed. After due verification, the complainant would be at liberty to withdraw the amount deposited by the applicant with a condition to return the said

amount whenever the Court directs.

Call for records of the trial Courts. List this case after four weeks.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Sourabh P.