Chattisgarh High Court
Shivkumar Sahu vs Purushottam Lalwani on 13 May, 2025
Digitally
signed by
ABHIGYA
ABHIGYA SAXENA
SAXENA Date:
2025.05.13
17:52:01
HIGH COURT OF CHHATTISGARH AT BILASPUR
+0530
CRR No. 597 of 2025
Shivkumar shau S/o, Late Johan Ram Sahu, Ages about 62 years,
R/o village Budheni, Tehsil & PS Magarload, District Dhamtari
(C.G.)
versus
Purushottam lalwani S/o Virumal Lalwani, Aged about 36 years
R/o Sindhipara Rajim, District Gariyaban (C.G.)
(Purushottam Sonwani wrongly mentioned in Ann. A/1 & Ann.
A/2 and purushottam Lalwani has been mentioned in entire
Revision Petition)
Order Sheet
13/05/2025 Mr. Shubhank Tiwari, Advocate for the
Applicant.
Heard on IA No. 01/2025 - an application
under Section 438(1) of BNSS for suspension of
sentence and for grant of bail.
By the impugned judgment dated 29.04.2025
(Annexure A/1) passed by the Additional Sessions
Judge, Gariyaband, (C.G.) in Criminal Appeal
No.06/2023 whereby the learned judge dismissed
the appeal filed by the applicant against the
judgment dated 20.02.2023 passed by the Judicial
Magistrate First Class, Rajim District Gariyaband
(C.G) whereby, the JMFC, Rajim 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 01 year and fine
Negotiable Instruments amount of Rs.4,96,000/-,
Act, 1881. in default of payment of
fine amount, further S.I.
for 03 months.
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 appreciate 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. 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. 4,96,000/- 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 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, the execution of
substantive jail sentence imposed upon applicant
shall remain suspended. Further, he shall be released
on bail on executing his 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 10th of June, 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.
It is further directed that after his release from
jail, the applicant shall deposit fine/compensation
amount of Rs. 2,96,000/- (in words 'Two Lakhs
Ninety Six Thousand' Rupees) within the period of
90 days from the date of his release, thereafter, rest of
the fine/compensation amount (Rs.2,00,000/-) shall
remain stayed till the final disposal of this case. It is
made clear that if the applicant fails to deposit the
said amount, the trial Court has right to take
appropriate action against the applicant in
accordance with law.
Also heard on I.A. No.02/2025 - an
application for urgent hearing and I.A. No.03/2025 -
an application for listing the case during summer
vacation.
In view of the above, I.A. Nos. 02/2025 and
03/2025 are disposed of.
List this case for final hearing.
Sd/-
(Arvind Kumar Verma)
Judge
Saxena
