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2023 Supreme(SC) 1256

C. T. RAVIKUMAR, SUDHANSHU DHULIA
Amandeep Singh Saran – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Varinder Kumar Sharma, AOR
For the Respondent(s): Mr. Sourbh Roy, Ld. A.A.G. Mr. Sumeer Sodhi, AOR Mr. Prabudh Singh, Adv. Mr. Yash Gupta, Adv.

JUDGMENT :

C.T. RAVIKUMAR, J.

1. This appeal by special leave directed against the order dated 18.04.2019 passed by the High Court of Chhattisgarh at Bilaspur in MCRC No.1730/2019, owing to various circumstances including the inordinate delay occasioned in the matter of trial, now, poses a legal conundrum. The appellant is facing trial before the Court of the Chief Judicial Magistrate, Raipur in criminal case arising from FIR No.22/2015 of Police Station, New Rajendra Nagar, Raipur in the State of Chhattisgarh, registered under Sections 420, 409/34 and 120B of the Indian Penal Code, 1860 (hereinafter referred for short ‘IPC’) and Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (for short ‘the Banning Act’) and Section 138 of the Negotiable Instruments Act, 1881. In terms of Section 29(1) of the Code of Criminal Procedure, 1973 (for short ‘Cr.PC’) the Court of Chief Judicial Magistrate, Raipur where the case is now pending can only impose, in case found him guilty, a maximum corporeal punishment of a term up to 7 years even if it is of the vie

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