Chattisgarh High Court
Khedulal Yadav vs Manohar Talreja on 15 September, 2025
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1137 of 2025
1 - Khedulal Yadav S/o Chandulal Yadav Aged About 56 Years Occupation-
Peon, Public Works Department, G.E. Road, Rajnandgaon, Presently
Posted In Old Rest House, Opposite Maharani Laxmi Bai School,
Rajnandgaon R/o Next To Naya Dhaba Chowk, Dharmapur Road,
Rajnandgaon, District Rajnandgaon (C.G.)
... Applicant(s)
versus
1 - Manohar Talreja S/o Mr. Indrajit Singh Talreja, R/o Lalbag, Street No.
02, Sindhi Colony, District Rajnandgaon (C.G.)
... Respondent(s)
(Cause title taken from Case Information System)
Order Sheet
15/09/2025 Mr. Rakesh Kumar Thakur, Advocate for the applicant.
Call for the records of the trial Court as well as the
Appellate Court.
Issue notice to the respondent on payment of process fee
VED
PRAKASH
as per Rules.
DEWANGAN
Heard on I.A. No. 1 of 2025, which is an application under
Section 438 of BNSS, 2023 for suspension of sentence.
When a specific query has been made to the counsel for
the applicant, as to whether the applicant has deposited the fine
amount imposed upon him or not and whether in default thereof
after passing of the 07 days from 23.08.2025 i.e. the judgment
passed by learned Appellate Court, the applicant surrendered or
not, learned counsel for the applicant submitted that, he neither
deposited the amount of fine nor surrendered before the learned
trial Court till date.
The applicant, who is an accused in Complaint Case No.
488 of 2021 before the learned Judicial Magistrate First Class,
Rajnandgaon, has been convicted for the offence under Section
138 of Negotiable Instruments Act, 1881 and sentenced with fine
of Rs. 2,00,000/-, which was payable to the complainant as
compensation vide impugned judgment dated 07.02.2025. The
applicant had filed an appeal against the impugned judgment
dated 07.02.2025 before the learned Sessions Judge,
Rajnandgaon vide Criminal Appeal No. 72 of 2025. The said
criminal appeal was decided on 23.08.2025 by the learned
Appellate Court, by which the appeal filed by the appellant is
dismissed. However, 07 days time was granted to the applicant
to deposit the amount of fine from the date of its judgment i.e.
23.08.2025, failing which he has to undergo simple
imprisonment for 06 months. The applicant neither deposited the
amount of fine nor surrendered before the learned trial court
after lapse of 07 days time from the date of judgment by the
Appellate Court.
Sections 461 and 471 of Bharatiya Nagarik Suraksha
Sanhita, 2023 (in short 'BNSS, 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.
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 dismissed by the learned Appellate
Court and 07 days time was granted to the applicant to deposit
the amount of fine, failing which he shall undergo simple
imprisonment for 06 months. Yet, despite finality of the judgment
of conviction in the appeal, neither the applicant has paid the
fine amount nor has surrendered as ordered by the learned
Appellate Court.
In view of the above, the application (i.e. I.A. No. 1 of
2025) is rejected.
The learned trial Court is directed to proceed as per the
provisions of Section 471 of BNSS, 2023 and to take necessary
steps in accordance with law without any further delay.
List this case in the week commencing 06th of October,
2025 for further consideration.
Sd/-
(Ravindra Kumar Agrawal)
Judge
ved
