Rajesh Dubey vs Milind Dubey
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Chattisgarh High Court

Rajesh Dubey vs Milind Dubey on 13 June, 2025

                                                   1




                        HIGH COURT OF CHHATTISGARH AT BILASPUR

                                       CRR No. 687 of 2025

                   1 - Rajesh Dubey S/o Shri Madhav Prasad Dubey Aged About
                   53 Years R/o Muktidham Road Jabdapara Ward No. 60
                   Sarkanda Bilaspur, Tahsil And Distt.- Bilaspur (C.G.).
                                                                        ... Applicant
                                                versus
                   1 - Milind Dubey S/o Shri Tarachand Dubey Aged About 50
                   Years R/o Village- Manakoni, Police Outpost- Giroudpuri,
                   Thana- Gidhouri, Distt.- Balodabazar- Bhatapara (C.G.).
                                                                      ... Respondent

Order Sheet

13.06.2025 Mr. Ravipal Maheshwari, 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 jail sentence including the fine sentence/compensation amount.

By the impugned judgment dated 30.04.2025

passed by learned Additional Sessions Judge,

District - Balodabazar-Bhatapara (C.G.) in Criminal Appeal No. 25/2024, the learned Judge has affirmed the judgment dated 25.09.2024 passed by learned Judicial Magistrate First Class, Kasdol, District - Balodabazar (C.G.) in Complaint Case No. 63/2019 and the applicant has been convicted for offence punishable under Section 138 of Negotiable Instrument Act and sentenced to undergo S.I for 1 month and under Section 357 (3) of Cr.P.C. and sentenced to pay compensation of Rs.1,00,000/-.

Learned counsel for the applicant submits that there is no material on record on the basis of which applicant's conviction can be sustained. The appellant is on bail and he has already deposited Rs. 20,000/- of the fine amount, therefore, the jail sentence of the applicant may be suspended till final disposal of the case.

Considering the facts and circumstances of the case, as also the judgment dated 25.09.2024 passed by learned Judicial Magistrate First Class which has also been affirmed by Appellate Court vide judgment dated 30.04.2025. Further considering that the applicant is on bail and he has already deposited Rs. 20,000/- of compensation amount, at this stage, I am inclined to allow I.A. No.1/2025 subject to deposit additional Rs. 20,000/- 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, 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 13th August, 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 21st July, 2025.

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

Sd/-

(Sanjay Kumar Jaiswal) Judge

H.L. Sahu