Vijay Kumar Poddar vs Sanjay Vyapari
2025 Latest Caselaw 2225 Chatt

Chattisgarh High Court

Vijay Kumar Poddar vs Sanjay Vyapari on 3 March, 2025

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                           HIGH COURT OF CHHATTISGARH AT BILASPUR
        Digitally
ABHIGYA signed by
SAXENA ABHIGYA
        SAXENA                                   CRR No. 280 of 2025
                                 VIJAY KUMAR PODDAR versus SANJAY VYAPARI

                                                    Order Sheet


                    03/03/2025          Mr. Aditya Sharma, Advocate for the Applicant.

                                        Heard.

                                        Issue notice to the respondent on payment of process

fee as per rules, notice be made returnable within three

weeks.

In the meanwhile, call for the records of the

concerned trial Court and the concerned Appellate Court.

Also heard on IA No. 01/2025 - an application under

Section 438(1) of BNSS for suspension of sentence and

stay of compensation amount.

By the impugned judgment dated 20.02.2025

(Annexure A/1) passed by the Third Additional Session

Judge, Ambikapur, District Sarguja (C.G.) in Criminal

Appeal No.32/2024 whereby the learned judge dismissed

the appeal filed by the applicant against the judgment dated

27.07.2024 passed in Complaint Case No.1296/2017

whereby the JMFC Ambikapur District Sarguja held him

guilty for the offence punishable under Section 138 of the

Negotiable Instrument Act and the Appellate Court affirms

the judgment passed by the learned trial Court and

sentence the applicant as under:

Conviction Sentence Under Section 138 of S.I. for 06 months and fine Negotiable Instruments amount of Rs.1,50,000/-, in Act. default of payment of fine amount, further S.I. for 02 months separately.

Learned counsel for the applicant submits that

applicant has falsely been implicated in this case. He would

further contended that both the Court have failed to

appreciated that no documents or evidence has been

adduced by the complainant in support of his complaint and

complainant has not stated any particulars, date and other

details of loan/debt in support of his complaint. He further

submits that applicant is ready to pay the fine

amount/compensation as imposed upon him by the trial

Court. Conclusion of the revision may take time, hence,

sentence awarded to applicant may be suspended and he

may be enlarged on bail.

I have Heard learned counsel appearing for the

applicant and perused the documents available on record.

On perusal of impugned judgment/order would show

that trial Court has imposed the compensation/fine of Rs.

1,50,000/- upon the applicant, however, till date he has not

complied with the impugned order.

Considering the facts of the case, submission of the

counsel for the applicant, the fact the applicant is ready to

pay the fine amount/compensation as imposed upon him by

the trial Court/Appellate Court, conclusion of the revision

may take time, therefore, I am inclined to allow the

suspension application and release the applicant on bail.

Accordingly, IA No. 01/2025, an application for

suspension of sentence and grant of bail to the present

applicant, is allowed. It is directed that applicant on

depositing 50% of fine/compensation amount the execution

of substantive jail sentence imposed on applicant shall

remain suspended and he shall be released on bail on his

executing a personal bond of Rs.10,000/- with one surety

for the like sum to the satisfaction of the trial Court for his

appearance before the Registry of this Court on 07th of

April, 2025. He shall thereafter appear before the trial Court

on the dates given by the Registry of this Court and shall

continue to appear there on all such other subsequent

dates as and when given to him by the trial Court, till

disposal of this revision.

List this case after service report is received.

Sd/-

(Arvind Kumar Verma) JUDGE

Saxena