1 2025:CGHC:32582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 958 of 2023 Utkrishth Gelani S/o- Suresh Aged About 30 Years R/o- Ding Dong Showroom, Gandhi Chauk, Near Manmohan Hotel, Durg, Tehsil And District- Durg, Chhattisgarh.(Accused) ... Applicant(s) versus Vimal Kumar Futan S/o- Indar Khan Aged About 49 Years R/o- Shankar Nagar, Durg Tehsil And District- Durg, Chhattisgarh.(Complainant) ... Non-applicant(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate. For Non-applicant(s) : None. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 14/07/2025 1. By an order dated 23.03.2022, passed by the Judicial Magistrate First Class, Durg, Chhattisgarh (herein referred to as “trial Court”) in Case No. 9740 of 2015, the applicant stands convicted under Section 138 of Negotiable Instruments Act, 1881 and sentenced to pay fine of Rs. 2,48,000/- in default of payment of fine amount, he would undergo simple imprisonment for 62 days. Being dissatisfied with the said order, the applicant preferred an appeal being Criminal Appeal No. 54/2022 and the learned 6th Additional Sessions Judge, Durg, Chhattisgarh (herein referred to as KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 “appellate Court”) vide impugned judgment dated 30.01.2023, dismissed the appeal and affirmed the order passed the trial Court. Hence this revision. 2. The prosecution case, in brief, is that as per case of complainant that the applicant/accused borrowed amount of Rs. 2,00,000/- for his personal use and the applicant had given a cheque for discharge of legal liability to the complainant of H.D.F.C Branch Durg, bearing cheque No. 035571, which was dishonoured on 12.08.2014 by the BOI Bank Branch Durg due to account closed. After receiving the dishonoring information from the Bank, the non- applicant sent legal notice to the applicant on 22.08.2014, which was served upon the applicant, but in spite of receiving notice, applicant had not paid the amount within prescribed period. Thereafter the non-applicant has filed complaint case before the Court of Judicial Magistrate First Class, Durg, which was registered as complaint case No. 9740/2015. 3. The complainant has examined himself before the trial Court and on the basis of the facts & circumstances of the case as well as evidence, the trial Court compensated the non-applicant and sentenced the applicant as per the order dated 23.03.2022 compensation of Rs. 2,48,000/- (Rs. 2,00,000/- as cheque amount and Rs. 48000/- for interest) and in default of payment of fine additional simple imprisonment for 62 days. Being aggrieved by the above judgment dated 23.02.2022, the applicant preferred appeal before the Court of Sessions Judge, which has been registered as criminal appeal No.54/2022. By the impugned judgment dated 3 30.01.2023, the learned appellate Court affirmed the judgment as passed by the trial Court and dismissed the appeal preferred by the applicant. Hence this revision. 4. Learned counsel for the applicant submits that the learned appellate Court has not considered the fact that the said cheque was blank at the time of transaction and the complainant has not examine any witness to prove his case. The complainant has admitted the fact that there was a gambling transaction between him and accused and at that time a blank cheque was at possession of complainant and further the complainant has not produced any document in respect of payment of loan. He further submits that the complainant has never served notice which is mandatory to constitute offence under section 138 of NI Act and the above ground has been taken by the applicant/accused but the learned trial Court has not considered the same. The complainant himself as not sure about amount earlier he mentioned Rs 85,000/- and thereafter framing of charges, he amended the above same. He also submit that the applicant has already deposited 50% of the amount as was ordered by the trial Court. He lastly submits that he would deposit the money as ordered by the trial Court as well as by the appellate Court. 5. On the other hand, learned counsel for the non-applicant opposes the submissions made by the learned counsel for the applicant and submits that the appellate Court after considering all the documents and evidence adduced by the parties has passed the order, in which no interference is called for. 4 6. I have heard learned counsel for the applicant and also went through the records with utmost circumspection. 7. From perusal of the records, it transpires that the applicant has been convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced to pay fine of Rs. 2,48,000/- in default of payment of fine amount, he would undergo simple imprisonment for 62 days. Being dissatisfied with the said order, the applicant preferred an appeal being Criminal Appeal No. 54/2022 and the learned 6th Additional Sessions Judge, Durg, Chhattisgarh (herein referred to as “appellate Court”) vide impugned judgment dated 30.01.2023, dismissed the appeal and affirmed the order as passed by the trial Court. 8. Taking into account the facts and circumstance of the case, this Court is of the opinion that the learned appellate Court concerned has rightly passed the impugned judgment, I do not find any illegality or infirmity in the impugned order passed by the learned appellate Court. No interference is called for. The applicant has failed to raise any ground so as to warrant interference by this Court. 9. However, considering the submission of the learned counsel for the applicant that he is ready and willing to pay the amount to the non- applicant/complainant, this Court is inclined to dispose of the present revision with the direction that the applicant shall deposit the amount before the trial Court as has been ordered by the trial Court and affirmed by the appellate Court in favour of the non- 5 applicant/complainant within a period of two months from the date of passing of this order. Fine amount, if any, deposited by the applicant earlier shall be adjusted. If the fine amount is not deposited by the applicant within the stipulated time, he shall further undergo as has been ordered by the learned trial Court. 10. On deposit of the said amount by the applicant, the same shall be disbursed to the non-applicant/complainant without delay. 11. With the aforesaid directions, the criminal revision stands disposed off. 12. Let a copy of this order and the original records be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Kunal