Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:11486
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 677 of 2026 Bharat Lal Soni S/o. Shri Hiralal Soni, Aged About 51 Years R/o- Near Mama Bhanja Talab, In Front Of House Of The Ex Mla Doctor Rakesh Kumar Singh Bilaspur Police Station City Kotwali, District Bilaspur C.G.
... Petitioner(s) versus Bhupendra Kumar Rathore S/o. Late Preetam Lal Rathore, Aged About 35 Years R/o Village Limtara, Police Station And Tahsil Masturi, District Bilaspur C.G.
---- Respondent(s) For Petitioner : Mr. Somkant Verma, Advocate. For Respondent : None. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 10.03.2026
1. The present petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed seeking extension of time to deposit the fine amount of Rs. 1,25,000/-, which was imposed by the learned Appellate Court and afÏrmed by this Court vide order dated 11.07.2025 passed in CR.R. No. 74/2023.
2. This Court, vide order dated 11.07.2025, while disposing of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 revision petition, observed that from the perusal of the judgments passed by the trial Court as well as the appellate Court, it transpires that the petitioner was initially convicted under Section 138 of the Negotiable Instruments Act by the trial Court and was sentenced to undergo rigorous imprisonment for six months and was directed to pay a fine amount of Rs. 1,15,000/-, in default of payment of fine to further undergo rigorous imprisonment for three months. Being aggrieved by the said order of conviction, the petitioner preferred an appeal under Section 374 of the Code of Criminal Procedure, which was partly allowed by the learned Appellate Court vide order dated 05.12.2022. The learned Appellate Court set aside the sentence of rigorous imprisonment for six months and enhanced the fine amount to Rs. 1,25,000/-, in default of payment of fine to undergo rigorous imprisonment for six months. Accordingly, this Court directed the petitioner to deposit the fine amount of Rs. 1,25,000/-, as imposed by the learned Appellate Court, within a period of two months from the date of the order and further
directed that the fine amount, if any, deposited earlier by the petitioner shall be adjusted. It was also observed that in case of failure to deposit the said amount within the stipulated period, the petitioner shall undergo the sentence as awarded by the learned Appellate Court.
3.
Learned counsel for the petitioner submits that the petitioner is a poor person and was not in contact with his previous counsel for the last two years, due to which he was not aware of the order dated 11.07.2025 passed by this Court. Therefore, he could not deposit the said amount within the period of two months as directed by this Court. It is further submitted that now the petitioner has become aware of the aforesaid
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order and is ready to deposit the said amount within a week. Hence, it is prayed that a last opportunity be granted and the time period for depositing the fine amount may kindly be extended.
4. The prayer made by the petitioner appears to be reasonable. Accordingly, the petitioner is granted further one week’s time and no more, from today, to deposit the aforesaid enhanced fine amount as imposed by the learned Appellate Court and afÏrmed by this Court vide
order dated 11.07.2025 passed in CR.R. No. 74 of 2023, failing which he shall be taken into custody forthwith.
5. Accordingly, this Cr.M.P. stands disposed of.
6. Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Kunal