Chattisgarh High Court
Tikeshwar Sahu vs Amarprit Kour Bhatiya on 24 July, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 897 of 2025
Digitally
signed by A
ANNAJEE
A RAO
ANNAJEE
Date:
RAO 2025.07.25
TIKESHWAR SAHU versus AMARPRIT KOUR BHATIYA
11:34:10
+0530
Order on Board
24/07/2025 Mr. Rishi Rahul Soni, 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.01/2025 for suspension
conviction and sentence as also for staying the order
payment of compensation amount of Rs.1,80,000/-.
By the impugned judgment dated 08.08.2025
passed by learned 9th Additional Sessions Judge,
Raipur, District Raipur (C.G.) in Criminal Appeal No.
162/2023 , the learned ASJ has affirmed the judgment
dated 14.07.2023 passed by the learned JMFC, Raipur
in Criminal Complaint Case No. 6674 /2019 and
dismissed the appeal. The conviction and sentence of
the petitioner are as under :
Conviction Sentence
u/s 138 of the Simple imprisonment for one
Negotiable month and compensation of
Instruments Act, Rs.1,80,000/- and in default of
1881 payment of compensation amount
within 02 months from the date of
judgment dated 14.07.2023,
additional imprisonment for 3
months.
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 did not misuse the
liberty granted to him and now he is in jail since
08.07.2025, therefore, the conviction and sentence of
the applicant may be suspended till final disposal of
the case and he may be enlarged on bail and further he
may not be forced to deposit the compensation amount
during pendency of this petition.
Considering the facts and circumstances of the
case, as also the judgment of learned JMFC which has
been affirmed by the Appellate Court and further
considering that the applicant is in jail since
08.07.2025, the cheque amount is of Rs. 1,80,000/- at
this stage, I am inclined to allow I.A. No.1/2025
subject to applicant's depositing 50% of the cheque
amount i.e. 90,000/- by the applicant within a period
of 60 days from today. He is also directed to be be
released on bail on his executing a personal bond in
sum of Rs. 25,000/- to the satisfaction of the trial
Court for his appearance before the Registry of this
Court on 01-09-2025 and thereafter he shall appear
before the concerned trial Court on a date to be given
by the Registry of this Court and shall 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 substantive jail sentence
imposed upon the applicant shall remain suspended,
till final decision of the case.
On depositing the said 50% amount, the recovery
of the remaining amount of compensation, shall also
remain suspended, till final decision of the case.
After due verification, the complainant would be
at liberty to withdraw the amount to be so 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. 01/2025 is disposed of.
Certified copy as per Rules.
Sd/-
(Sanjay Kumar Jaiswal)
Rao
Judge
