Chattisgarh High Court
Pradeep Ghodke vs Chandrashekhar Chandrakar on 12 September, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1123 of 2025
1 - Pradeep Ghodke S/o Jairam Ghodke Aged About 48 Years R/o Behind
Maharana Pratap Bhawan, Gali No. 2, Shankar Nagar, P.S. Mohan Nagar, Tehsil
And District Durg Chhattisgarh
... Applicant
Versus
1 - Chandrashekhar Chandrakar S/o Guharam Chandrakar Aged About 42 Years
R/o Near Mahima Hospital, Kadambri Nagar, P.S. Mohan Nagar, Durg, Tehsil
And District Durg, Chhattisgarh
... Respondent
Order Sheet
12/09/2025 Mr. Shikhar Bakhtiyar, Advocate for the Applicant.
Heard on admission.
Call for records of the Trial Court as also, Appellate Court.
Issue notice to the Respondent on payment of process fee,
as per rules. Notice be made returnable within 03 weeks.
Also heard on I.A. No. 01/2025 which is an application for
suspension of sentence and grant of bail to the applicant.
By the impugned judgment of conviction and order of
sentence dated 12.08.2025 (Annexure A/1) passed by the
learned Second Additional Sessions Judge, Durg, District -
Durg (C.G.) in Criminal Appeal No. 181/2024 arising out of
judgment of conviction and sentence dated 02.05.2024
(Annexure A/2) passed in Complaint Case No. 4299/2014
passed by learned Chief Judicial Magistrate, Durg, District -
Durg, (C.G.), has convicted and sentenced the Applicant as
under:-
Conviction Sentence
U/s 138 of Negotiable S.I. for 1 year and fine of Rs.
Instruments Act, 1881. 50,000/-, in default S.I. for 01
month.
Learned counsel for the applicant submits that the
applicant has been awarded maximum jail sentence of 01
year and fine has been imposed upon him and further
compensation of Rs. 50,000/- which is a cheque amount. He
submits that the applicant is ready to deposit 50% of the
amount of compensation imposed upon him by the learned
Courts' below and therefore, substantive jail sentence
awarded to the applicant be suspended and remaining part
of the compensation be stayed.
I have heard learned counsel for the applicant.
Taking into consideration the facts and circumstances
of the case, short sentence awarded to the applicant and
submission of counsel for the applicant that he is ready to
deposit 50% of amount of compensation awarded, I am of
the opinion that, present is a fit case to suspend the
substantive jail sentence imposed upon the appellant.
Accordingly I.A. No. 01/2025 is allowed. It is directed
that the substantive jail sentence imposed upon the
applicant by the learned Trial Court affirmed by the
Appellate Court shall remain suspended during pendency
of this Revision and he be released on bail upon his
executing a bail bond of Rs. 25,000/- with one surety in the
like amount to the satisfaction of the concerned Trial Court
for his appearance before the Registry of this Court on
10.11.2025 (Monday). Thereafter, he shall appear before
the concerned Trial Court on a date to be given by the
Registry of this Court and shall continue to appear there on
all such subsequent dates as are given to him by the said
Court, interval being not less than 6 months, till final
disposal of this Revision.
It is also directed that upon applicant's depositing 50%
of the amount of compensation awarded before the
concerned Trial Court, there shall be stay of the remaining
amount of compensation as ordered by the Trial Court and
affirmed by the Appellate Court till further orders.
Consequently, I.A. No. 01/2025 stands allowed.
List this case after 08 weeks.
Sd/- Sd/-
(Parth Prateem Sahu)
Judge
SHUBHAM
DEY
Digitally
signed by
SHUBHAM
DEY
Dey
