Ajay Yadav vs Smt. Shanti Sapaha
2025 Latest Caselaw 800 Chatt

Chattisgarh High Court

Ajay Yadav vs Smt. Shanti Sapaha on 28 July, 2025

        Digitally
        signed by
        SOURABH
SOURABH PATEL
PATEL   Date:
        2025.07.30
        10:14:18
        +0530




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                               HIGH COURT OF CHHATTISGARH AT BILASPUR
                                           CRR No. 909 of 2025


                     1 - Ajay Yadav S/o Murari Lal Yadav, Aged About 45 Years, R/o
                     Bathenapara, Dhamtari, Tahsil And District Dhamtari (C.G.).
                                                                         ... Applicant
                                                    versus


                     1 - Smt. Shanti Sapaha W/o Late Vijaylal Sapaha, Aged About 70
                     Years, R/o Gujrati Colony, Dhamtari, Tahsil And District Dhamtari
                     (C.G.).
                                                                    ... Respondent

Order Sheet

28/07/2025 Mr. Anil Kumar Gulati, Advocate for the Applicant.

Heard on admission.

Admit.

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

Also heard on IA No.01/2025 application under Section 438 of BNSS for suspension of sentence and stay of compensation amount.

By the impugned judgment dated 11.07.2025

passed by learned Additional Sessions Judge (FTC), Dhamtari, District Dhamtari (C.G.) in Criminal Appeal No. 61/2024, the learned ASJ has affirmed the judgment dated 16.07.2024 passed by the learned JMFC, Dhamtari in Criminal Case No. 1447/2019 and dismissed the appeal. The conviction and sentence of the applicant are as under :

Conviction                       Sentence
u/s 138 of the    Rigorous imprisonment for 03
Negotiable        months and compensation of
Instruments       Rs.3,00,000/- and in default of
Act, 1881         payment     of   compensation
                  amount, simple imprisonment
                  for 02 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 11.07.2025, 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 11.07.2025, the cheque amount is of Rs. 2,50,000/-, 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. 1,25,000/- 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.

Accordingly, I.A. No. 01/2025 is disposed of.

Call for records of the trial Courts.

Sd/-

Sourabh P. (Sanjay Kumar Jaiswal) Judge