Chattisgarh High Court
Pushpa Vishwakarma vs Smt. Sujan Behra on 3 July, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 740 of 2025
Pushpa Vishwakarma D/o Shri A P Vishwakarma Aged About 30 Years R/o
Mohan Talkies Road, Indira Nagar, Jamanipali, Tahsil Darri, District Korba
Chhattisgarh.
... Applicant
versus
Smt. Sujan Behra W/o Shri Nakul Behra Aged About 41 Years R/o A
/50/496, New Secl Colony, Dhelvadih, Post Dhelvadih, Tahsil Katghora,
District Korba Chhattisgarh.
... Non-applicant
Order Sheet
03/07/2025 Mr. Parag Kotecha, learned counsel for the applicant.
Heard on admission.
Issue notice to the respondent on payment of process
fee as per rules through ordinary mode as well as by
registered post.
Also heard on I.A. No.01/2025, which is an application
for grant of stay.
By judgment dated 18.09.2024, passed by Judicial
Magistrate First Class, Katghora, District Korba (C.G.) in
Complaint Case No. 887 of 2023, the applicant has been
convicted for offence punishable under Section 138 of
Negotiable Instruments Act and sentenced to pay
compensation of Rs. 8,00,000/- (Principal amount) +
Rs.50,000/- (interest) = Total Rs. 8.50,000/- under Section
357 (3) of Cr.P.C. and in default thereof, he shall liable to
undergo 03 months simple imprisonment.
Being aggrieved & dissatisfied with the said judgment,
the applicant preferred an appeal bearing Criminal Appeal
No. 40/2024, whereby vide impugned order dated
07.04.2025. learned First Upper Sessions judge, Katghora,
District-Katghora (C.G.) has affirmed order dated 18.09.2024
passed by learned JMFC, Katghora, District Korba and
directed to pay a sum of Rs.8,50,000/- within a period of 60
days with default stipulation.
Learned counsel for the applicant submits that there is
no material on record, on the basis of which conviction of
applicant can be sustained. He would also submit that the
applicant has deposited Rs. 4,23000/- through phone-pe
app and 77,000/- through cash, however, both the Courts
below have disbelieved the above said facts. He further
submits that the complainant has not adduced any proper
evidence to establish his case against the applicant,
therefore, applicant is liable to be acquitted of the charges
under Section 138 of NI Act. Therefore, application (I.A. No.
01/2025) for grant of may be allowed and effect and
operation of the impugned order dated 07.04.2025 may be
stayed, till final disposal of this revision.
Considering the facts and circumstances of the case,
as also the judgment dated 18.09.2024 passed by Judicial
Magistrate First Class, Katghora, District Korba in Complaint
Case No. 887 of 2023, which has also been affirmed by First
Upper Sessions Judge, Katghora, District Korba vide
impugned judgment dated 07.04.2025 passed in Criminal
Appeal No. 40/2024, without expressing any opinion on
merits of the case, I am inclined to allow I.A. No.1/2025
subject to applicant's depositing 25% of the cheque amount
within a period of 60 days from today and executing a
personal bond in a sum of Rs. 25,000/- with one surety in
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 Court as well as Appellate
Court.
List this case after four weeks.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
AMITA
DUBEY
Digitally
signed by
AMITA DUBEY
Date:
2025.07.04
18:13:28
+0530
amita
