Chattisgarh High Court
Shivkumar Bhardwaj vs Bedram on 1 May, 2025
Digitally signed by
V PADMAVATHI
Date: 2025.05.02
17:23:33 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 437 of 2025
Shivkumar Bhardwaj S/o Lt. Suresh Aged About 31 Years R/o Jhingurda Quarter
No. H.B. 433, Tehsil- Baidan, P.S. Morwa, Dist- Singrauli (M.P.) ... Applicant
versus
Bedram S/o Anand Ram B.P. Aged About 62 Years R/o Nakatidih, Post- Taldevari,
Dist- Janjgir-Champa, C.G. ... Respondent
01.05.2025 Shri Tanuj Patwardhan, counsel for the applicant.
Heard.
Revision is admitted for hearing.
Call for the record of trial Court, as well as appellate Court.
Issue notice to the respondent on payment of PF as per rules.
Also heard on application for suspension of sentence.
Learned counsel for the applicant would submit that the
applicant has been convicted for the offence under Section 138 of
the Negotiable Instruments Act and sentenced by the learned trial
Court for simple imprisonment for six months and compensation of
Crr 437 of 2025
Rs.3,40,000/- within two months, which is payable to the
complainant, with default stipulation. The appeal filed by the
applicant before the learned appellate Court has been dismissed
vide order dated 12.03.2025, and the judgment passed by the
learned trial Court has been affirmed. He would further submit that
presently, the applicant is in jail, and is ready to pay the amount of
compensation as ordered by the learned trial Court. It is also
submitted that out of total amount of cheque, applicant has already
deposited Rs.68,000/- before the learned trial Court on 04.02.2025.
During the trial, as well as during pendency of the appeal, applicant
was on bail, and not misused the liberty given to him. Present
revision is of the year 2025, and would take its own time for its final
adjudication. Therefore, applicant may be released on bail. He
would further submit that the applicant is ready to deposit the amount
within the stipulated period, if any such direction is being made to
him.
On due consideration and after hearing learned counsel for the
applicant, I am inclined to suspend the substantive jail sentence
imposed upon the applicant.
Accordingly, application for suspension of sentence is allowed,
Crr 437 of 2025
and it is directed that execution of further substantive jail sentence of
the applicant- Shivkumar Bhardwaj, s/o Lt Suresh shall remain
suspended and he shall be released on bail on his executing
personal bond in sum of Rs.25,000/- with one surety in the like sum
to the satisfaction of trial Court for his appearance before the
Registry of this Court on 25th June, 2025. Thereafter, he shall appear
before the trial Court on a date to be given by the Registry, and shall
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
Revision petition.
It is also directed that the applicant shall deposit the entire
amount on cheque i.e.3,10,000/-, within a period of 30 days from
today, after adjusting the amount of Rs 68,000/- which has already
been deposited by him towards the total amount of cheque, before
the learned trial Court.
Sd/-
(Ravindra Kumar Agrawal)
JUDGE
padma
