H.K. Parganiha vs Smt. Danbai Tamaskar
2025 Latest Caselaw 3107 Chatt

Chattisgarh High Court

H.K. Parganiha vs Smt. Danbai Tamaskar on 18 June, 2025

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                                                                     Digitally
                                                                     signed by
                                                                     BHOLA
                                                             BHOLA NATH
                                                             NATH KHATAI
                                                             KHATAI Date:
                                                                    2025.06.18
                                                                     16:30:37
                                                                     +0530




         HIGH COURT OF CHHATTISGARH AT BILASPUR

                          CRR No. 714 of 2025

H. K. Parganiha S/o Late T. K. Parganiha Aged About 32 Years R/o H.
Packet 17/B Maroda Sector P.S. Bhilai Nagar, District - Durg (C.G.)
                                                         ... Applicant
                                  versus
Smt. Danbai Tamaskar W/o Ghanshyam Tamskar Aged About 33 Years
R/o Infront Of Shahid Bhagat Singh School Ward No. 19, Titurdih Durg
P.S. Mohannagar Durg District - Durg (C.G.)

                                Order Sheet




18/06/2025         Mr. Sanjay Kumar Agrawal, 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 respondent on payment of PF as

per the rules.

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

interim relief/stay.

By judgment dated 09.10.2024 passed by the Judicial Magistrate First Class, Durg (C.G.) in RCC No.34273/2018 the applicant was convicted under Section 138 of the N.I. Act and sentenced to undergo RI for six months and pay fine of Rs.1,75,000/- with default stipulation. Being aggrieved by the said judgment, the applicant preferred an appeal i.e. Criminal Appeal No. 340/2024 and vide impugned judgment dated 23-04-2025, the Sessions Judge, Durg (C.G.) has modified the sentence of six months RI till rising of the Court, however, enhanced the fine amount from Rs.1,75,000/- to Rs.2,38,500, failing which to undergo SI for 3 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.

List this case after three weeks.

Sd/- Sd/-

                                          (Sanjay Kumar Jaiswal)
Khatai                                              Judge