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Chattisgarh High Court
Key And Ka vs Khushpal Singh Gil on 9 March, 2026
1/4
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 331 of 2026
1 - Key And Ka, Proprietorship Institution, Through Proprietor
Aman Khan Son Of Abdul Riyajul Khan, Aged About 28 Years,
Shop N.1/2, Indira Gandhi Vyavsayik Parisar, Kapda Market
Pandari, Raipur, District Raipur (C.G.)
2 - Aman Khan S/o Abdul Riyajul Khan Aged About 28 Years
Proprietor- Key And Ka, R/o 24/812, Behind Mata Garage, Ashok
Vihar Colony, Pandari, Raipur, District Raipur (C.G.)
... Applicants
versus
Khushpal Singh Gil S/o Late Awatar Singh Gil Aged About 58
Years R/o B-21, Sector-3, Devendra Nagar, Raipur, District Raipur
(C.G.)
... Respondent
Order Sheet
09/03/2026 Mr. Akhtar Hussain, counsel for the Applicant.
Mr. Nishant Swarnkar, counsel for the
Respondent.
Heard on admission.
Admit.
Also heard on I.A. No.01/2026, application for
suspension of sentence and grant of bail and stay of
compensation amount.
The accused/applicant was convicted for the
offence punishable under Section 138 of NI Act and
sentenced to undergo Simple Imprisonment for 1
year and pay compensation of Rs.27,50,000/- with
default stipulation of 6 months imprisonment, by
the JMFC, Raipur (C.G.) by judgment dated
12.10.2023 in Complaint/Criminal Case No.
325/2021.
Being aggrieved by the said judgment, the
applicants preferred an appeal i.e. Criminal Appeal
No. 261/2023 before the 9th Additional Sessions
Judge, Raipur which was dismissed by appellate
Court vide impugned judgment dated 25.02.2026
affirming the judgment of the trial Court, leading to
the filing of this criminal revision.
Learned counsel for the applicants submits
that that there is no material on record on the basis
of which the applicant's conviction can be
sustained. The applicant is in jail since 16.02.2026,
and he is ready to abide by all the terms and
conditions which may be imposed upon him while
suspending the jail sentence and the recovery of
compensation. The conclusion of this revision
petition is likely to take considerable time, therefore,
the substantive jail sentence of the applicant may
be suspended till final disposal of this case and he
may be released on bail. He also prayed that the
recovery of compensation may also be suspended till
final disposal of the case.
On the other hand, learned counsel appearing
for the respondent opposes the said prayer.
Heard learned counsel for the parties and
perused the record.
Considering the facts and circumstances of
the case, and also consideration the fact that the
applicant is ready to abide by any terms and
conditions to be imposed by this Court, at this
stage, I am inclined to suspend the sentence.
Accordingly, I.A. No. 01/2026 is allowed.
It is directed that the substantive jail sentence
of applicant Aman Khan shall remain suspended till
final disposal of the instant revision petition and he
shall be released on bail on his executing a personal
bond for a sum of Rs. 25,000/- with one surety for
the like sum to the satisfaction of the trial Court for
his appearance before the Registry of this Court on
14th May, 2026. He shall thereafter appear before
the concerned trial Court on a date to be given by
the Registry of this Court and thereafter, 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 case.
It is also directed that subject to the
applicants depositing 50% of the cheque amount
(inclusive of the amount, if any, already deposited
by the applicants before the trial Court) within a
period of 60 days from today, the recovery of the
remaining compensation amount shall remain
stayed till the final disposal of this revision.
After due verification, the complainant would
be at liberty to withdraw the amount deposited by
the applicants with a condition to return the said
amount whenever the Court directs.
Call for records of the trial Court.
List this case thereafter.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Khatai
