Dilip Rachdani vs Mohd. Siraj S/O Ma. Qureshi (Dead) ...
2025 Latest Caselaw 3236 Chatt

Chattisgarh High Court

Dilip Rachdani vs Mohd. Siraj S/O Ma. Qureshi (Dead) ... on 24 June, 2025

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                                                                    signed by
                                                                    BHOLA
                                                            BHOLA NATH
                                                            NATH KHATAI
                                                            KHATAI Date:
                                                                   2025.06.24
                                                                    17:39:46
                                                                    +0530




     HIGH COURT OF CHHATTISGARH AT BILASPUR

                      CRR No. 657 of 2025

Dilip Rachdani S/o Late Notamal Rachdani Aged About 45 Years
R/o Flat No. 105, Block-B, Varan Apartment, Amlidih, Raipur
Tahsil And District Raipur Chhattisgarh
                                                      ... Applicant
                                 versus
Mohd. Siraj S/o Ma. Qureshi (Dead) Through His Wife Anisha
Khan W/o Late Mohd. Siraj, R/o Varsha Complex, Awadhpuri,
Nalghar Road, Bhatagaon, Raipur Tahsil And Distt. Raipur
Chhattisgarh
                                                      ... Respondent

Order Sheet 24.06.2025 Mr. Bharat Lal Dembra, Advocate for the Applicant.

Heard on admission.

Admit.

Also heard on IA No.01/2025, application for suspension of sentence and grant of bail.

By judgment dated 31.01.2024 passed by the Judicial Magistrate First Class, Raipur (C.G.) in Criminal Case No. 6681/2018 the applicant was convicted under Section 138 of the N.I. Act and sentenced to undergo SI for one year and compensation of Rs.25,00,000/- u/s 357(3) of CrPC with default

stipulation. Being aggrieved by the said judgment, the applicant preferred an appeal i.e. Criminal Appeal No.60/2024 and vide impugned judgment dated 22-05- 2025, the 2nd Additional Sessions Judge, Raipur (C.G.) has modified the sentence of one year SI to 6 months SI and reduced the compensation from Rs.25,00,000/- to Rs.21,00,000.

Learned counsel for the applicant submits that there is no material on record on the basis of which applicant's conviction can be sustained. During trial the applicant was on bail and at present he is in jail, 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 judgments of the trial Court as well as the appellate Court, I.A. No.01/2025 is allowed subject to depositing of 25% of the cheque amount by the applicant within a period of 60 days from today, failing which this order shall lose its efficacy.

After due verification, the complainant shall be at liberty to withdraw the said 25% of the cheque amount deposited by the applicant, with a condition that he/she shall refund the same whenever the Court directs.

The substantive jail sentence imposed upon the applicant shall remain suspended during the pendency of this revision 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 28th 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.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Khatai