Allowed

Sanjay Kumar Chaurasiya @ Sanjay Chaurasiya v. State of U.P. and Another

Allahabad HC23 Oct 2024CRLR/2421/2024

Case brief

AI extract

What is this about?

In a criminal revision against conviction and sentence under Section 138 of the Negotiable Instruments Act, the High Court admitted the matter. The court released the convicted revisionist on bail subject to depositing a portion of the fine and furnishing a personal bond, while staying the realization of the remaining fine.

What did the court decide?

Revisionist released on bail with personal bond of Rs. 50,000 and two sureties; realization of balance fine stayed.

Sanjay Kumar Chaurasiya @ Sanjay Chaurasiya vs State of… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 86

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Case :- CRIMINAL REVISION No. - 2421 of 2024

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Revisionist :- Sanjay Kumar Chaurasiya @ Sanjay Chaurasiya Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.,Rudra Kant Mishra

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Hon'ble Ram Manohar Narayan Mishra,J.

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Order on memo of revision.

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The instant criminal revision has been preferred by the revisionist against the judgment and order dated 23.4.2024 passed by Additional District Judge F. T. C. No. 2, (14^th Finance Commission), Gorakhpur in Criminal Appeal No. 31 of 2023 (Sanjay Kumar Chaurasiya Versus Mithilesh Narayan Pandey) as well as the order dated 21.9.2022 passed by Additional Chief Judicial Magistrate-Ist, Gorakhpur in Complaint Case No. 1411 of 2020 (Mithilesh Narayan Pandey Versus Sanjay Kumar Chaurasiya), under Section-138 of N. I. Act, P. S.-Shahjanawa, District Gorakhpur, whereby the criminal appeal preferred against the judgment and order dated 21.9.2022, has been dismissed affirming the judgement and order dated 21.9.2022.

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Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent and perused the material available on record.

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By the impugned order of learned trial court, the revisionist has been convicted for charge under Section-138 of N. I. Act and sentenced to two years' simple imprisonment and fine to the tune of Rs. 2,00,000/- has been imposed.

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Admit.

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Let this revision be listed along with Criminal Revision No. 2416 of 2024; Sanjay Kumar Chaurasiya Versus State of U. P.

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Order on Bail Application.

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Learned counsel for the revisionists submits that the offence is bailable and the revisionist is held in jail custody since after dismissal of Criminal Appeal No. 31 of 2023 on 23.4.2024 preferred by the complainant against the judgement and order dated 21.9.2022 passed by the trial Court and thus, six months have elapsed thereafter and there is no likelihood of early hearing of the revision, the revisionist may kindly be enlarged on bail. He has also submitted that the revisionist has deposited 20% of fine under the directions of the appellate Court at the stage of admission of criminal appeal.

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Learned counsel for opposite party no. 2 has no objection but prayed that at least 50% amount of fine should be deposited by the revisionist as a condition for release of bail. Learned A.G.A. has opposed the prayer for bail but he did not dispute that the revisionist has remained in jail custody for the last six months.

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Considering the rival submissions made by the parties and nature of offence and the quantum of punishment awarded and the fact that revision is not likely to be decided early, due to pendency of backlog of cases and without further commenting on the merits of the case this Court deems it fit to enlarge the accused-revisionist on bail during the pendency of this revision.

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Let revisionist, Sanjay Kumar Chaurasiya @ Sanjay Chaurasiya, convicted and sentenced in the above case be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned, subject to furnishing undertaking that they will co-operate in the hearing of the revision.

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Subject to revisionist's depositing Rs. 60,000/-, out of remaining

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amount of fine Rs. 1,60,000/- within forty five days from the date of his release, realization of remaining amount of fine to the tune of Rs. 1,00,000/- shall remain stayed during the pendency of this revision.

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It is also directed that in case of non-compliance of this order, the trial Court will proceed to realize the amount through coercive process against the revisionist.

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Order Date :- 23.10.2024

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Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad

Sanjay Kumar Chaurasiya @ Sanjay Chaurasiya v. State of U.P. and Another

Case brief

What is this about?

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Sanjay Kumar Chaurasiya @ Sanjay Chaurasiya v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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