Sachin Yadav vs Surendra Kumar Tiwari
2025 Latest Caselaw 4595 Chatt

Chattisgarh High Court

Sachin Yadav vs Surendra Kumar Tiwari on 22 September, 2025

                                                           1




          Digitally signed
          by SAGRIKA
SAGRIKA AGRAWAL
AGRAWAL Date:
        2025.09.23
          10:14:17 +0530




                             HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                CRR No. 1168 of 2025


      1 - Sachin Yadav S/o Bahal Yadav Aged About 32 Years R/o Ward No. 9, Kanak
      Nagar, Chhuikhadan, Tahsil - Chhuikhadan, District - Rajnandgaon (Now K.C.G.)
      Chhattisgarh (Accused/ Appellant)
                                                                                    ... Applicant(s)


                                                        versus


      1 - Surendra Kumar Tiwari S/o Not Mentioned Aged About 40 Years R/o Ward
      No. 3, Chhuikhadan, Tahsil Chhuikhadan, District Rajnandgaon (Now K.C.G.)
      Chhattisgarh (Complainant/ Applicant)
                                                                                  ... Respondent(s)

Order on Board

22/09/2025 Mr. Shivendu Pandya, learned counsel for the applicant.

Call for the record of the trial Court as well as Appellate

Court.

Issue notice to respondent on payment of process fee as

per rules.

Also heard on I.A. No. 01/2025, which is an application for

suspension of sentence and grant of bail.

This criminal revision has been filed being aggrieved by the judgment dated 04.09.2025 passed by the learned Addl. Upper Session Judge Khairagarh, District Khairagarh- Chhuikhadan-Gandai (C.G) in Criminal Appeal No. 11/2022 arising out of the judgment dated 17.06.2022 passed by learned Judicial Magistrate First Class, Chhuikhadan, District- Khairagarh- Chhuikhadan-Gandai (C.G..) in Criminal complaint Case No. 16/2019, whereby the applicant has been convicted and sentenced in the following manner :-

S. No.     Conviction                     Sentence
1            U/s 138 of Negotiable         S.I. for 01 years and fine
           Instrument Act.                amount of Rs. 2,50,000/- (As
                                          a compensation shall pay to
                                          the complainant/ respondent)
                                          and in default of payment of
                                          fine     amount,      S.I.   for   04
                                          months.

Learned counsel for the applicant would submit that the applicant has been convicted under Section 138 of Negotiable Instrument Act and Section 138 of N.I does not provide any minimum sentence. The applicant was on bail during trial as well as during pendency of appeal, however, after the judgment by the learned appellate Court, he is in jail since 04.09.2025. The revision is of the year 2025 and final adjudication of the revision will take its own time. The applicant is ready to deposit some part of the amount within the stipulated time and therefore, he may be

enlarged on bail.

Considering the submission made by learned counsel for the applicant, sentence has been suspended and he shall be released on bail.

Accordingly, I.A. No. 01/2025, application for suspension of sentence and grant of bail, is allowed and it is directed that execution of further substantive jail sentence of the applicant shall remain suspended and he shall be released on bail on 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 28.10.2025. Thereafter, he shall appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear before the trial Court on all such subsequent dates as are given to him by the said court till the disposal of this revision.

It is further directed that the applicant shall deposit the entire amount of fine i.e. Rs. 2,50,000/- within one month from today and if he fails to deposit the said amount within stipulated time frame, the learned trial Court shall start the recovery proceeding of fine amount as provided under the law, immediately after one month period is over.

List this case in week commencing 03.11.2025.

Sd/-

(Ravindra Kumar Agrawal) Judge

sagrika