Rakesh Dubey vs Ganesh Sagarvanshi
2025 Latest Caselaw 526 Chatt

Chattisgarh High Court

Rakesh Dubey vs Ganesh Sagarvanshi on 16 July, 2025

                                                      1




                        HIGH COURT OF CHHATTISGARH AT BILASPUR


                                       CRR No. 863 of 2025

                   1 - Rakesh Dubey S/o Kamal Prasad Dubey Aged About 35
                   Years R/o Jogi Nager Behind Padmanabhpur Chaowki, Durg
                   District- Durg (C.G.)
                                                                       ... Applicant
                                                    versus
                   1 - Ganesh Sagarvanshi S/o Lalit Sagarvanshi Aged About 33
                   Years R/o Ward No. 42 Kasaridih, Kanhaiyapuri Gandhi
                   Nagar Chowk, Durg District- Durg (C.G.)
                                                                     ... Respondent

16/07/2025 Mr. Anurag Jha, counsel, appeared through video conferencing 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 and grant of bail.

By judgment dated 16.07.2024 passed by Judicial Magistrate First Class, Durg, District -

Durg (C.G.) in Complaint Case No. 933/2021, the applicant has been convicted for offence punishable under Section 138 of Negotiable Instrument Act and sentenced to undergo R.I. for 6 months and to pay a compensation of Rs. 2,75,000/- and in default thereof, he shall liable to undergo 3 months rigorous imprisonment.

Being aggrieved by the said judgment, the applicant preferred an appeal, i.e. Criminal Appeal No.323/2024, wherein by the impugned order dated 19.06.2025 passed by learned 1st Additional Sessions Judge, Durg, District Durg (C.G.), the impugned order passed by learned JMFC has been affirmed with default stipulation.

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 has a good prima facie case in his favour, and the applicant is in jail since 19.06.2025. Therefore, the recovery of compensation may be suspended, and the applicant may be released on bail 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 short sentence of 6 months and a compensation of Rs. 2,75,000/-, and the applicant is in jail since 19.06.2025, 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. The recovery of the remaining compensation amount shall remain stayed till the final disposal of the instant revision.

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.

Accordingly, IA No.1/2025 is allowed. It is directed that the substantive jail sentence imposed upon the applicant shall remain suspended during pendency of the revision and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court, for his appearance before the Registry of this Court on 16th September 2025. Thereafter, he shall appear before the concerned trial Court on the date given by the Registry of this Court and continue to appear there till final disposal of this revision.

Call for records of the trial Court. List this case in its chronological order.

Sd/-

(Sanjay Kumar Jaiswal) Judge

H.L. Sahu