Himani Singh Thakur vs C.L. Sahu
2025 Latest Caselaw 664 Chatt

Chattisgarh High Court

Himani Singh Thakur vs C.L. Sahu on 22 July, 2025

                                   1

                                                         Digitally signed
                                                         by SHUBHAM
                                             SHUBHAM     SINGH
                                             SINGH       RAGHUVANSHI
                                             RAGHUVANSHI Date:
                                                         2025.07.23
                                                         17:54:40 +0530




                                                                    NAFR

        HIGH COURT OF CHHATTISGARH AT BILASPUR

                          CRR No. 880 of 2025
Himani Singh Thakur D/o D.S. Thakur, Aged About 38 Years R/o
Annapurna Vihar, C.S.E.B. West Darri, District Korba Chhattisgarh
                                                             ... Applicant
                                versus
1 - C.L. Sahu S/o Late Ramlal Sahu, Address Behind Urmila
Motor, Kota, P.S. And Tahsil Kota, District Bilaspur Chhattisgarh
2 - Vinod Kumar Patel, S/o P.R. Patel, R/o Village Tarda, P.S. Urga,
District Korba Chhattisgarh
                                                         ... Respondents

Order Sheet

22.07.2025 Mr. Pushpendra Kumar Patel, Advocate for the Applicant.

Heard on admission.

Admit.

Issue notice to the respondents by ordinary as well as registered mode. PF be paid within one week.

Also heard on IA No.02/2025, application for suspension compensation/fine amount of Rs.2,00,000/-.

By the impugned judgment dated 10.07.2025

passed by learned 4th Additional Sessions Judge Bilaspur, District Bilaspur (C.G.) in Criminal Appeal No. 49/2024, the learned Judge has affirmed the judgment dated 23.02.2024 passed by the learned Judicial Magistrate First Class, Kota, District Bilaspur in Complaint Case No.104/2018 and dismissed the appeal and sentenced the appellant as under:-

    Conviction                   Sentence & fine
 U/s 138 of NI Act     RI for 6 months and to fine of Rs.

2,00,000/-, in default, 3 months' additional RI.

Learned counsel for the applicant submits that there is no material on record on the basis of which applicant's conviction can be sustained. During trial the applicant was on bail and she is in jail since 10.07.2025, therefore, the jail sentence of the applicant may be suspended till final disposal of the case, she may be enlarged on bail and she may not be forced to deposit the fine amount during pendency of this petition.

Considering the facts and circumstances of the case, as also the judgment of learned Judicial Magistrate First Class which has been affirmed by the Appellate Court. Further considering that the applicant is in jail since 10.07.2025, the cheque amount is of Rs. 2,00,000/- lakhs, at this stage, I am inclined to allow I.A. No.2/2025 subject to deposit 50% of the cheque amount i.e. 1,00,000/- by the applicant

within a period of 60 days from today, she shall be released on bail on her executing a personal bond for a sum of Rs. 25,000/- to the satisfaction of the trial Court for her appearance before the Registry of this Court on 01-09-2025. She 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 her by the said Court till disposal of this case. The substantive jail sentence imposed upon the applicant shall remain suspended, till final decision of the case.

On deposition of the said 50% amount, the recovery of the remaining amount, shall also remain suspended, till final decision of the case.

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 six weeks.

Accordingly, I.A. No. 02/2025 is disposed of.

Certified copy as per Rules.

Sd/-

(Sanjay Kumar Jaiswal) Shubham Judge