IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
HARISHANKAR DESHMUKH – Appellant
Versus
ISHWAR SONKAR – Respondent
CRR/983/2026
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2
By the impugned judgment dated 02.07.2026 passed
in Criminal Appeal Case No.131/2024 by the Sessions
Judge, Rajanandgaon (C.G.), the appellate Court affirmed
the conviction and sentence of the applicant under Section
138 of the Negotiable Instruments Act, 1881 (for short, the
N.I. Act) passed on 07.10.2024 by the Judicial Magistrate
First Class, Rajanandgaon, (C.G.), in Complaint Case
No.4199/2023, whereby the applicant was convicted under
Section 138 of N.I. Act and sentenced him to undergo RI for
three months with fine/ compensation of Rs.3,50,000/-
payable to the complainant under Section 357(3) of the
Cr.P.C. and in default thereof, the applicant shall suffer
additional S.I. for three months.
Learned counsel for the applicant submits that both
the learned Courts have not properly appreciated the
evidence available on record, which resulted into conviction
and sentence of the applicant. He further submits that check
amount is Rs.3,00,000/-. He further submits that disposal of
this revision may take some considerable time, therefore, he
prays that the applicant may be enlarged on bail while
suspending the sentence 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 and it is directed that the
substantive jail sentence imposed upon the applicant shall
remain suspended during pendency of this revision and he
shall be released on bail on his furnishing a personal bond in
sum of Rs.15,000/- along with one surety in the like sum to
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the satisfaction of the concerned trial Court for his
appearance before the Registry of this Court on 05.11.2026.
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 concerned trial
Court on all such subsequent dates as are given to him by
the said Court till disposal of this revision.
Purely as an interim measure, it is further directed that
on applicant depositing 50% of the cheque amount, within a
period of 45 days from the date of this order, the recovery of
the remaining fine amount shall remain stayed till the final
disposal of the instant revision. If any amount deposited by
the applicant earlier before the concerned trial Court, the
same shall be adjusted. The respondent/Non-applicant
would be at liberty to withdraw the amount so deposited by
the applicant.
List this case after four weeks.
Sd/-
(Radhakishan Agrawal)
Judge
arpan
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