Khileshwar Netam vs Ashok Kumar Sharma
2025 Latest Caselaw 64 Chatt

Chattisgarh High Court

Khileshwar Netam vs Ashok Kumar Sharma on 2 May, 2025

                                                         1




               HIGH COURT OF CHHATTISGARH AT BILASPUR

                                              CRR No. 551 of 2025

1 - Khileshwar Netam S/o Late Dashrath Lal Netam Aged About 45 Years R/o
Quarter No. 228, Risali Sector, Infront Of Laxmi Pan Centre, Bhilai Nagar,
Address- Jasampark Vibhag, P.R.O. Bhilai Steel Plant Area, Bhilai, Tahsil And
District Durg, Chhattisgarh.

                                                                                  ... Petitioner(s)


                                                      versus


1 - Ashok Kumar Sharma S/o Manohar Lal Sharma Aged About 52 Years R/o
Shanichari Bazar, Durg, District Durg, Chhattisgarh.


                                                                               ... Respondent(s)

Order on Board

02/05/2025 Mr. Shikhar Sharma, learned counsel for the applicant.

Call for the record of the trial Court as well as appellate Court.

Issue notice to the respondent on payment of process fee as per rules.

Heard on I.A. No. 01/2025, which is an application under

SAGRIKA AGRAWAL AGRAWAL Date:

2025.05.07 10:45:13 +0530

Section 438 (1) of B.N.S.S. for suspension of compensation amount and stay the effect and operation of the impugned judgment.

When a specific query has been made to the counsel for the applicant, as to whether before 26.04.2025 the petitioner deposited the amount of compensation or not and whether in default thereof, after 26.04.2025, the applicant surrendered or not, the learned counsel for the applicant submitted that he neither deposited the amount nor surrendered before the learned trial Court till date.

The applicant, who is an accused in Complaint Case No. 9381/2015 before the learned Judicial Magistrate, First Class, Durg, has been convicted for the offence under Section 138 of Negotiable Instruments Act, 1881 and sentenced for R.I. for 10 months with compensation of Rs. 2 Lakhs payable to the complainant vide its judgment dated 31.10.2023. The applicant had filed an appeal against the impugned judgment dated 31.10.2023 before the learned 5 th Addl. Sessions Judge, Durg vide Criminal Appeal No. 303/2023. The said criminal appeal was decided on 25.03.2025 by the learned appellate Court, partly allowed the appeal and his sentenced was reduced upto till rising of the Court but the compensation was enhanced from Rs.

2,00,000/- to Rs. 2,10,000/-. While deciding the appeal, the learned appellate Court has also fixed the time limit to pay the compensation amount up to 26.04.2025, failing which the applicant shall undergo S.I. for three months and the applicant shall surrender on 26.04.2025 before the learned trial Court. Undisputedly the applicant neither deposited the compensation amount up to 26.04.2023 nor surrender before the learned trial Court as ordered by the learned appellate Court passed by the

judgment dated 25.03.2025 in Cr.A. No. 303/2023.

Section 461 of B.N.S.S. 2023 provides warrant for levy of fine which reads as under:-

461. Warrant for levy of fine:-

(1) When an offender has been sentenced to pay a fine, but no such payment has been made, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say it may-

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender,

(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter:

Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 395.

(2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.

(3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law:

Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

Section 471 of B.N.S.S. 2023 provides money ordered to be paid recoverable as a fine which reads as under:-

471. Money ordered to be paid recoverable as a fine:-

Any money (other than a fine) payable by virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine:

Provided that section 461 shall, in its application to an order under section 400, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 461, after the words and figures "under section 395", the words and figures" or an order for payment of costs under section 400" had been inserted.

The present is the revision petition against the conviction in which the applicant has been convicted by the learned trial Court and his appeal was partly allowed and he was directed to pay the compensation amount up to 26.04.2025, failing which he shall undergo S.I. for three month yet despite finality of the judgment of conviction in the appeal, neither the applicant has paid the compensation nor has surrendered as ordered by the learned appellate Court.

In view of the above, the application I.A. No. 01/2025 filed by the applicant is rejected.

The trial Court is directed to proceed as per the provisions of Section 471 of B.N.S.S. and to take necessary steps in accordance with law without any further delay.

List this case in the week commencing 16.06.2025 for further consideration.

Sd/-

(Ravindra Kumar Agrawal) Judge

sagrika