Orissa High Court
Hemlal Bindhani vs State Of Odisha And Another ... Opposite ... on 29 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.56 of 2025
Hemlal Bindhani ... Petitioner
Ms. B. Mishra, Advocate
-versus-
State of Odisha and another ... Opposite Parties
Mr. R.B. Mishra, Addl. PP
Mr. S.K. Tripathy, Advocate(OP-2)
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 29.04.2025
04. I.A. No. 84 of 2025
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This criminal revision is directed against the
impugned judgment dated 09.08.2024 passed by the
learned 2nd Additional District & Sessions Judge,
Baripada in Criminal Appeal No. 24 of 2017 confirming
the conviction and sentence of the revision-petitioner as
recorded by the learned JMFC, Baripada vide judgment
dated 17.05.2017 in 1CC Case No. 225 of 2012 convicting
the revision-petitioner for commission of offence U/S. 138
of NI Act and sentencing him to undergo Simple
Imprisonment for six months and to pay compensation of
Rs.3,80,000/- (Rupees Three Lakhs Eight Thousand) in
default whereof, to undergo Simple Imprisonment for a
further period of one month.
3. Heard, Ms. Bini Mishra, learned counsel for the
revision-petitioner and Mr. Susanta Kumar Tripathy,
learned counsel for the OP2 in the matter and perused
the record.
4. Admit. The digitized/soft copy of the LCR/TCR
be called for from the learned trial Court.
5. List this matter on 30.06.2025.
6. This is an application for stay realization of
compensation imposed on the revision-petitioner.
7. Heard, Ms. Bini Mishra, learned counsel for the
revision-petitioner and Mr. Susanta Kumar Tripathy,
learned counsel for the OP2 in the matter and perused
the record.
8. Admittedly, the revision-petitioner has been
sentenced to undergo Simple Imprisonment for six
months and to pay compensation of Rs.3,80,000/-
(Rupees Three Lakhs Eight Thousand) in default whereof,
to undergo Simple Imprisonment for one month,
however, fact remains that Sec. 148 of NI Act provides
powers to be exercised by the Appellate forum, but Sec.
438 read with 442 of the BNSS prescribes the power
exercisable under Appellate jurisdiction can be exercised
in Revisional Jurisdiction and this Court, therefore, in
exercise of power U/S. 148 of NI Act read with 438/442
of BNSS considers it in the interest of justice to stay the
realization of compensation of Rs.3,80,000/- (Rupees
Three Lakhs Eight Thousand)from the revision-petitioner,
subject to condition the revision-petitioner depositing
20% of the compensation amount as awarded in the
impugned judgment before the learned convicting Court
within 60 days hence.
It is, however, clarified that no coercive action
shall be taken against the revision-petitioner for 60 days
from today. Needless to say, the benefit of this order
shall not be extended to the revision-petitioner, if he fails
to deposit the amount as ordered within 60 days hence.
9. This is an application U/Ss. 438/442 of the BNSS
by the revision-petitioner for grant of bail pending
suspension of further execution of sentence till disposal of
the revision.
10. Heard, Ms. Bini Mishra, learned counsel for the
revision-petitioner and Mr. Susanta Kumar Tripathy,
learned counsel for the OP2 in the matter and perused
the record. It is, however, orally submitted by Ms. Mishra
that the Petitioner is in custody since 10.01.2025 out of
his sentence of simple imprisonment for six months.
11. It appears from the record that the revision-
petitioner has been convicted for commission of offence
U/S. 138 of NI Act and he is accordingly sentenced to
undergo Simple Imprisonment for six months and to pay
compensation of Rs.3,80,000/- (Rupees Three Lakhs
Eight Thousand) in default whereof, to undergo Simple
Imprisonment for one month. This Court, however, in
exercise of power U/S. 148 of NI Act has provided the
revision-petitioner to deposit 20% of the compensation
amount before the convicting Court within 60 days hence
as a condition precedent for stay realization of
compensation amount from him, but in view of the
provisions of Sec.442 of BNSS, this Court may in its
discretion exercise any of the powers conferred on a
Court of Appeal by Sec.430 of BNSS which provides for
suspension of sentence and release the revision-
petitioner on bail pending disposal of the revision.
12. In view of the above facts and taking into
account the materials placed on record, the revision-
petitioner is admitted to bail on furnishing bail bonds of
Rs. 25,000/- (Rupees Twenty Five Thousand) only with
one solvent surety for the like amount to the
satisfaction of the learned Convicting Court on such
terms and conditions as deems fit and proper including
one condition to surrender to custody as and when
required by the Court. Accordingly, the substantive
sentence of the revision-petitioner be suspended.
13. The I.A. stands disposed of.
(G. Satapathy)
Judge
Priyajit
Location: High Court of Orissa
