Dilip Golchha vs Naresh Soni
2025 Latest Caselaw 390 Chatt

Chattisgarh High Court

Dilip Golchha vs Naresh Soni on 8 July, 2025

                                                         1




                           HIGH COURT OF CHHATTISGARH AT BILASPUR

                                          CRR No. 822 of 2025
                   1 - Dilip Golchha S/o Sheshmal Golchha, Aged About 45
                   Years    R/o    Lane     Of    Arihant       Apartment,       Near    Jain
                   Dharamshala,     Beside       Disk,       Khandelwal     Colony,     Durg,
                   Chhattisgarh.
                                                                                ... Applicant
                                                   versus
                   1 - Naresh Soni S/o Leeladhar Soni, Aged About 36 Years R/o
                   Near Ramdev Temple, Ganjpara, Durg, Chhattisgarh.
                                                                            ... Respondent

08/07/2025 Mr. B.P. Singh, Advocate for the Applicant.

Heard on admission.

Admit.

Issue notice to the respondent on payment of PF as per rules.

Also heard on I.A. No.01/2025, application for suspension of sentence.

By judgment dated 18.11.2024 passed by Judicial Magistrate First Class, Durg, District-Durg

(C.G.) in Criminal Case No. 7108/2017, the

applicant has been convicted for offence punishable

under Section 138 of Negotiable Instrument Act and sentenced to undergo S.I. for 6 months and to pay a compensation of Rs. 3,30,000/- under Section 357 (3) of Cr.P.C. and in default thereof, he shall liable to undergo 3 months simple imprisonment.

Being aggrieved by the said judgment, the applicant preferred an appeal, i.e. Criminal Appeal No.05/2025 wherein by the impugned order dated 24.05.2025 passed by learned 7th Additional Sessions Judge, Durg, District - Durg (C.G.) the impugned order passed by learned JMFC, Durg has been partially modified and the jail sentence of the applicant has been set aside. However, the fine/compensation of Rs.3,30,000/- is upheld with a default stipulation of R.I. for 6 months.

Learned counsel for the applicant submits that there is no material on record on the basis of which the applicant's conviction can be sustained. The applicant is ready to abide by all the terms and conditions which may be imposed upon him while suspending the recovery of compensation. Therefore, the recovery of compensation may be suspended till final disposal of the case.

Considering the facts and circumstances of the case, as also the fact that the applicant has been punished with a compensation of Rs. 3,30,000, and the applicant is ready to abide by any terms and

conditions imposed by this Court, at this stage, 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 on his 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 8th September, 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, 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. List this case in its chronological order.

Sd/-

(Sanjay Kumar Jaiswal) Judge H.L. Sahu