Chattisgarh High Court
Ravi Kumar vs Mahendra Pratap on 31 July, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 932 of 2025
1 - Ravi Kumar S/o Madhohari Sahu Aged About 35 Years
R/o Mahatma Gandhi Ward No. 01, Tehsil Gurur, District-
Balod, Chhattisgarh.
... Applicant
versus
1 - Mahendra Pratap S/o Ashok Kshatriya Aged About 38
Years R/o Ward No. 09, Mararpara Balod, Tehsil And District-
Balod, Chhattisgarh.
... Respondent
31/07/2025 Mr. Shikhar Bhaktiyar, 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 and grant of bail.
By judgment dated 24.01.2025 passed by
Judicial Magistrate First Class, Balod, District-
Balod (C.G.) in Criminal Case No. 218/2019, 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. 3,50,000/-.
16:54:28
+0530
Being aggrieved by the said judgment, the
applicant preferred an appeal, i.e. Criminal Appeal
No.25/2025, wherein by the impugned order dated
09.07.2025 passed by learned 2nd Additional
Sessions Judge, Balod, District - Balod (C.G.), the
appeal filed by the applicant has been dismissed,
affirming the order passed by learned JMFC.
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. Only a
short sentence of 6 months has been imposed upon
the applicant. The applicant is in jail since
09.07.2025, and he is ready to abide by all the
terms and conditions which may be imposed upon
him while suspending the jail sentence of the
applicant and the recovery of compensation. The
conclusion of this revision petition is likely to take
considerable time; therefore, the applicant may be
released on bail, and the substantive jail sentence
of the applicant may be suspended till final disposal
of this case. He also prayed that the recovery of
compensation may also 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 short sentence of 6 months' simple
imprisonment and a compensation of Rs. 3,50,000,
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, 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. The
substantive jail sentence of the applicant shall
remain suspended till final disposal of the instant
revision petition and he shall be released on bail 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 26th
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.
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 along with CRR 929/2025.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
H.L. Sahu
