Manoj Kumar Dadsena vs Phagulal Patel
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Chattisgarh High Court

Manoj Kumar Dadsena vs Phagulal Patel on 16 June, 2025

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                                                                    Digitally
                                                                    signed by
                                                                    BHOLA
                                                            BHOLA NATH
                                                            NATH KHATAI
                                                            KHATAI Date:
                                                                   2025.06.17
                                                                    18:31:15
                                                                    +0530




        HIGH COURT OF CHHATTISGARH AT BILASPUR

                          CRR No. 691 of 2025

Manoj Kumar Dadsena S/o Deepak Kumar Dadsena Aged About 36 Years
R/o Village Ansula, Police Station Sankra, Tehsil Pithora District-
Mahasamund (C.G.)
                                                          ... Applicant
                                  versus
Phagulal Patel S/o Thakur Ram Patel Aged About 50 Years R/o Village
Memra, Police Station Pithora Tehsil Pithora District - Mahasamund (C.G.)
(Complainant )
                                                         ... Respondent

Order Sheet

16/06/2025 Mr. Pawan Kesharwani, counsel for applicant.

Heard on admission.

Admit.

Call for the records of the trial Court as well as the appellate Court.

Issue notice to the respondents on payment of PF as per the rules.

Also heard on I.A. No.01/2025, application for grant

of interim relief.

By judgment dated 12.06.2024 passed by the Judicial Magistrate First Class, Pithora, District Mahasamund, (C.G.) in Criminal Case No.571/2022 the applicant was convicted under Section 138 of the N.I. Act and sentenced to undergo SI for six months and to pay fine of Rs.3,20,000/- with default stipulation. Being aggrieved by the said judgment, the applicant preferred an appeal i.e. Criminal Appeal No.H- 37/2024 and vide impugned judgment dated 10-03-2025, the 1st Additional Sessions Judge, Mahasamund (C.G.) has modified the sentence of six months simple imprisonment till rising of the Court, however, enhanced the fine amount from Rs.3,20,000/- to Rs.6,40,000 and directed to deposit the same within a period of two months, failing which to undergo SI for six months.

It is a case of cheque bounce. Taking into consideration the facts and circumstances of the case, it is directed that upon the applicant depositing 50% of the cheque amount within a period of 60 days from today, payment of the fine amount awarded by the appellate Court shall remain stayed till final disposal of the instant criminal revision.

After due verification, the complainant shall be at liberty to withdraw the said 50% cheque amount deposited by the applicant, with a condition that he/she shall refund the same whenever the Court directs.

Sd/-

                                            (Sanjay Kumar Jaiswal)
Khatai                                                 Judge