Rajesh Sahu vs Vikas Goyal
2025 Latest Caselaw 3012 Chatt

Chattisgarh High Court

Rajesh Sahu vs Vikas Goyal on 12 June, 2025

                                                   1




                        HIGH COURT OF CHHATTISGARH AT BILASPUR

                                       CRR No. 621 of 2025

                   1 - Rajesh Sahu S/o Keshavlal Sahu Aged About 45 Years
                   (Swami/prabandhak      Shivendra      Krishi     Kendra   Samoda),
                   Resident Of Village Samoda, P.S. Arang District Raipur (C.G.).
                                                                        ... Applicant
                                                versus
                   1 - Vikas Goyal S/o Suresh Goyal Aged About 42 Years
                   (Swami/prabandhak       Goyal       Fertilizer    Raigarh)(Wrongly
                   Mentioned As Samoda In Annexure A-1), Resident Of Near
                   Jutmil Chowki, Tahsil And District Raigarh (C.G.).
                                                                      ... Respondent

Order Sheet

12.06.2025 Ms. Khushbu Sahu, Advocate for the Applicant.

Heard on admission.

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

Also heard on IA No.01/2025, application for suspension of sentence and grant of bail and I.A. No. 02/2025, application for exemption to deposit the fine amount of Rs. 2,00,000/-

By the impugned judgment dated 29.04.2025 passed by learned 4th Additional Sessions Judge

Raigarh (C.G.) in Criminal Appeal No. 16/2025, the learned Judge has affirmed the judgment dated 27.02.2025 passed by learned Judicial Magistrate First Class, Raigarh (C.G.) in Complaint Case No. 481/2018 and 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 under Section 357 (3) of Cr.P.C. and sentenced to pay compensation of Rs.2,00,000/- in default thereof, he shall liable to undergo 1 month simple imprisonment.

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 he is in jail since 29.04.2025, therefore, the jail sentence of the applicant may be suspended till final disposal of the case and he may be enlarged on bail.

Considering the facts and circumstances of the case, as also the judgment dated 27.02.2025 passed by learned Judicial Magistrate First Class which has also been affirmed by Appellate Court vide judgment dated 29.04.2025. Further considering that the applicant is jail since 29.04.2025, at this stage, I am inclined to allow I.A. No.1/2025 subject to deposit 25% of the cheque amount by the applicant within a period of 30 days from today failing which this order shall lose its efficacy.

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.

The substantive jail sentence imposed upon the applicant shall remain suspended, 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 11th July, 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.

Call for records of the trial Courts. List this case in the week commencing 7th July, 2025.

Accordingly, I.A. No. 01/2025 and I.A. No. 2/2025 are disposed of.

Sd/-

(Sanjay Kumar Jaiswal) Judge

H.L. Sahu