Chattisgarh High Court
Jageshwar Choudhary vs M/S Deepak Enterprises Kharsia on 27 May, 2025
1
Digitally signed by
SHUBHAM SINGH
RAGHUVANSHI
Date: 2025.05.27
15:49:41 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 655 of 2025
Jageshwar Choudhary S/o Bhagwan Choudhary Aged About 39
Years R/o Village Tapranga P.S. Tamnar Tehsil Tamnar, Distt
Raigarh Chhattisgarh
... Applicant
versus
M/s Deepak Enterprises Kharsia Pro - Deepak Agrawal R/o Beside
Ganj, P.S. Kharsia, Tehsil Kharsia, Distt Raigarh Chhattisgarh
... Respondent
Order Sheet
27/05/2025 Mr. Ankit Singh, Advocate for the Applicant.
Heard on admission.
The matter being arguable is admitted for
hearing.
Also heard on IA No.01/2025 for suspension
of sentence and grant of bail to the applicant.
By the impugned judgment dated 07.05.2025
passed by learned Second Additional Sessions
Judge Raigarh (C.G.) in Criminal Appeal no.
55/2024, the learned Judge has affirmed the
judgment dated 05.03.2024 passed by learned
Judicial Magistrate First Class Kharsia, District
Raigarh (C.G.) in Criminal Case No. 27/2018 and
the applicant has been convicted for offence
punishable under Section 138 of Negotiable
Instrument Act and sentenced to undergo S.I for 6
months and under Section 357 (3) of Cr.P.C. and
sentenced to pay compensation of Rs.07,79,698/-
in default thereof, he shall liable to undergo 3
months simple imprisonment.
Learned counsel for the applicant submits
that the applicant is ready to deposit the amount,
therefore, the jail sentence of the applicant may be
suspended till final disposal of the case.
Considering the facts and circumstances of
the case, as also the judgment dated 05.03.2024
passed by learned Judicial Magistrate First Class
which has also been affirmed by Appellate Court
vide judgment dated 07.05.2025. Further
considering that the applicant is on bail, at this
stage I am inclined to allow IA No.1/2025 subject
to deposit Rs.3,89,849/- by the applicant within a
period of 30 days from today failing which this
order shall lose its efficacy.
After due verification, the complainant would
be at liberty to withdraw 50% of the amount which
shall be deposited by the applicant with a
condition to return the said amount whenever the
Court would direct.
The substantive jail sentence imposed upon
the applicant shall remain suspended 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 27th June,
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.
Call for records of the trial Courts.
List this case for final hearing in its
chronological order.
Accordingly, I.A. No. 03/2025, application for
hearing during summer vacation and I.A. No.
02/2025, application for urgent hearing stand
disposed of.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Shubham Vacation Judge
