1 / 5 2025:CGHC:59683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1233 of 2025 Mahendra Kumar Nagpure S/o Late Ramlalla Verma Aged About 52 Years R/o Village Bishnupur, Post Gataparkala, Tahsil Dongargarh, Distt. Rajnandgaon, Chhattisgarh. ... Applicant versus Prerna Self Help Group Village Litiya, Tahsil and District Rajnandgaon, Chhattisgarh Through Secretary Dikeshwari Verma, W/o Vishnu Verma, Aged About 36 Years, R/o Village Litiya, Tahsil and District Rajnandgaon, Chhattisgarh ... Respondent For Applicant : Mr. Rekhraj Baghel, Advocate For Respondent : Mr. Rakesh Kumar Thakur, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 09/12/2025 1. The instant criminal revision has been preferred against the judgment dated 11/09/2025 passed by the Third Additional Sessions Judge, Rajnandgaon, C.G. in criminal appeal No.28/2025 arising out of order dated 23/01/2025 passed by the JMFC, Rajnandgaon, District Rajnandgaon, C.G. in Criminal complaint case No.4150/2023, whereby ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.01.14 10:36:46 +0530 2 / 5 the appellate Court has dismissed the appeal of the applicant and affirmed the order passed by the trial Court and maintained the conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced the applicant to undergo SI for 06 Months and pay fine amount of Rs.1,50,000/- and in default of payment of fine amount directed to undergo 01 months S.I. 2. The brief facts of the case as projected by the applicant are that the respondent/complainant filed a complaint case before the learned Judicial Magistrate First Class Rajnandgaon, District Rajnandgaon (C.G.) under section 138 of the Negotiable Instrument Act that he knows well and good relationship with the applicant, due to this, the applicant took an amount of 1,50,000/- from complainant as borrower and on account of said amount, applicant had issued cheque No. 017133 for an amount of Rs. 65,000/- and cheque No. 017134 for an amount of Rs. 85,000/- in favour of the Swa Sahayata Samuh for payment. 3. Thereafter, the complainant has submitted said cheque before his Bank and said cheque was returned with an endorsement insufficient balance and thereafter, the respondent has sent legal notice through his counsel for payment of said amount, but the applicant has failed to pay said amount to the respondent, hence the complainant filed the complaint case under section 138 of Negotiable Instrument Act against the applicant, in which, the applicant has denied the allegation made by the respondent in the complaint case. The applicant has given statement under section 313 of Cr.P.C. and denied the all averments pleaded in the complaint case and has not produced any witnesses for his defence. 3 / 5 4. The learned trial court after recording the evidence and framing issues, has convicted the applicant as mentioned above by its conviction judgment dated 23.01.2025 passed in Criminal Complaint Case No. 4150/2023. Being aggrieved with the order dated 23.01.2025 passed by the learned trial Court, the applicant has filed appeal before the learned Third Additional Sessions Judge Rajnandgaon Chhattisgarh which has been registered as criminal appeal No. 28/2025 whereby the learned Sessions Judge has dismissed the appeal vide its impugned judgment dated 11.09.2025. Hence this revision. 5. Learned counsel for the applicant would confine his prayer only to the sentence part only and would submit that the applicant has served almost 01 Month of jail sentence out of Six months and has also deposited the fine amount, therefore, the jail sentence of the applicant may be reduced to the already undergone by him. 6. Per contra, learned counsel for the respondent opposes the submissions made by learned counsel for the applicant and would contend that the orders passed by both the Courts i.e. the trial Court and the Sessions Court are well merited which do not call for any interference by this Court. 7. I have heard learned counsel for the parties and perused the record. 8. From careful scrutiny of the oral and documentary evidence on record, this Court finds no infirmity in the finding of guilt recorded by the learned Judicial Magistrate. The complainant has duly proved the issuance of the cheques by the appellant, their presentation within the statutory period, dishonour on account of insufficiency of funds, 4 / 5 issuance of statutory notice and failure of the appellant to make payment within the stipulated time. The presumption under Sections 118 and 139 of the Negotiable Instruments Act has not been rebutted by the appellant by any cogent or reliable evidence. 9. The defence taken by the applicant is not sufficient to dislodge the legally enforceable debt proved by the complainant. The cheques admittedly bear the signature of the appellant and were issued towards discharge of liability. Hence, all the ingredients of Section 138 of the Negotiable Instruments Act stand fully satisfied and the conviction recorded by the trial court calls for no interference. 10. Therefore, the conviction of the applicant is concerned, there is cogent reason mentioned by the trial Court as well as the First Appellate court and both the Courts below have rightly convicted the accused under Section 138 of the Negotiable Instruments Act, however, so far as the sentence part is concerned, considering the fact that the applicant has already undergone approx 01 Month of jail sentence as the Sessions Judge has affirmed the conviction and sentence of the applicant awarded by the trial Court in Criminal Appeal No.28/2025 and bail was granted to him by this Court only on 13/10/2025, there would be no useful purpose to send the applicant again in jail as he has already suffered maximum part of jail sentence and also agony of criminal trial for many years and it is an admitted fact that the trial Court has imposed fine of Rs.1,50,000/-, out of which the applicant has already deposited the fine amount before the trial Court, that meets the ends of justice. So this Court finds it appropriate to reduce the sentence from SI for 06 months 5 / 5 under Section 138 of the Negotiable Instrument Act to the period already undergone by him i.e. 01 Month of jail sentence and the sentence with regard to payment of fine amount is affirmed. It is ordered accordingly. 11. The criminal revision is partly allowed to the extent indicated herein- above. Consequently, all the pending interloucatory applications, if any, stand disposed of. SD/- (Arvind Kumar Verma) JUDGE ashu