IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMLAL RATHIYA – Appellant
Versus
PRITAM TRACTOR – Respondent
CRR/978/2026
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in Criminal Appeal Case No.22/2026 by the Court of the First
Additional Sessions Judge Sakti, District Janjgir Champa
(C.G.), the appellate Court affirmed the conviction under
Section 138 of the Negotiable Instruments Act, 1881 (for
short, the N.I. Act) passed on 17.02.2026 by the Judicial
Magistrate First Class, Sakti, District Janjgir Champa (C.G.),
in Complaint Case No.14/2022 and set aside the sentence
of SI for 6 months while keeping the fine amount of
Rs.1,91,563/- intact awarded under Section 357(1)(b) of the
Cr.P.C. In default of payment of compensation within 45
days, the applicant was further directed to undergo simple
imprisonment for a period of 3 months.
Learned counsel for the applicant submits that the
learned Appellate Court has not properly appreciated the
evidence available on record, which resulted into conviction
and sentence of the applicant. He further submits that
disposal of this revision may take some considerable time,
therefore, he prays that the fine amount may be suspended
during pendency of this revision.
I have heard learned counsel for the applicant and
perused the record.
Considering the facts and circumstances of the case,
I.A. No.01/2026 is allowed. Accordingly, it is directed that
upon the applicant depositing 50% of the compensation
amount before the concerned trial Court within a period of 45
days from today, the recovery of the remaining amount shall
remain stayed till the final disposal of this revision. If any
amount deposited by the applicant earlier before the
concerned trial Court, the same shall be adjusted. The
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respondent/Non-applicant would be at liberty to withdraw the
amount so deposited by the applicant.
Subject to the aforesaid condition, the applicant shall
be released on bail upon furnishing a personal bond in sum
of Rs.15,000/- before the concerned trial Court. The
applicant shall appear before the Registry of this Court on
03.11.2026 and thereafter before the concerned trial Court
on the dates fixed by it, and shall continue to appear there
on all subsequent dates as directed till disposal of this
revision.
List this matter after 6 weeks, after receipt of service
of notice.
Sd/-
(Radhakishan Agrawal)
Judge
arpan
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