Chattisgarh High Court
Chandan Singh Dhruv vs Gendram Devangan on 27 May, 2025
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 514 of 2025
Chandan Singh Dhruv S/o Sukul Dhruv Aged About 57 Years R/o Ward
No. 15 Nagar Panchayat, Palari, Opposite Vishnu Petrol Pump Palari,
Police Station And Tahsil - Palari District Balodabazar- Bhatapara (C.G.)
... Applicant
versus
Gendram Devangan S/o Sukhiram Devangan Aged About 43 Years R/o
Balodi, Police Station And Tehsil Palari, District- Balodabazar- Bhatapara
(C.G.)
... Respondent
Order on Board
27.05.2025 Shri S.P. Sannat and Shri Suresh Kumar Verma, counsel
for the applicant.
Heard on admission.
The matter being arguable is admitted for hearing.
Also heard on I.A. No. 03/2025 for suspension of sentence
and grant of bail to the applicant.
By the impugned judgment dated 28.03.2025 passed by
learned Second Additional Sessions Judge, Baloda Bazar (C.G.)
Digitally
signed by
VEDPRAKASH
DEWANGAN
in Criminal Appeal no. 04/2024, the learned Judge has affirmed
Date:
the judgment dated 15.01.2024 passed by learned Judicial
2025.05.27
16:51:02
+0530
Magistrate First Class Baloda Bazar, District Baloda Bazar (C.G.)
in Criminal Case No. 01/2021 and the applicant has been
convicted for offence punishable under Section 138 of Negotiable
Instrument Act and sentenced to undergo R.I for one year and
sentenced to pay compensation of Rs. 1,60,000/-.
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 15.01.2024 passed by learned Judicial
Magistrate First Class which has also been affirmed by Appellate
Court vide judgment dated 28.03.2025. Further considering that
the applicant is in jail since 21.04.2025, at this stage I am inclined
to allow I.A. No. 3/2025 subject to deposit Rs. 1,60,000/- 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.
Records of the trial Court as well as Appellate Court have
already been received.
List this case for final hearing in its chronological order.
Accordingly, I.A. No. 04/2025, application for urgent hearing
and I.A. No. 05/2025, application for hearing during summer
vacation stand disposed of.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Vacation Judge
ved
