Disposed

Shatrughan Swarnkar v. Satyendra Kumar Soni

Chhattisgarh HC14 Sept 2023CRMP/183/2021

Case brief

AI extract

What is this about?

This crpc section 482 petition sought direction to disburse Rs.1 lakh deposited by the respondent for compensation. The petition was disposed of at motion stage directing the trial court to make the disbursal upon the petitioner furnishing a personal bond of the equivalent amount.

What did the court decide?

Directed the trial court to make disbursal of the amount upon the petitioner obtaining a personal bond of Rs.1 lakh.

Shatrughan Swarnkar Vs Satyendra Kumar Soni — Cheque Dishonour | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 183 of 2021

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Shatrughan Swarnkar S/o Late Rambali Swarnkar, Aged About 58 Years Caste Sonar, R/o Mo. Juna Gaddi (Sadar Road), Police Station And Tehsil Ambikapur, District Sarguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

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Versus

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Satyendra Kumar Soni S/o Shri Harinandan Soni, Aged About 55 Years R/o. Shobha Shree Jewelers, Sadar Road, Kadambani Chowk, Ambikapur, District Sarguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh ---- Respondent

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Rahul Agrawal, Advocate For Respondent : Mr. Ravindra Agrawal, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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14.09.2023

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This petition has been brought under Section 482 of the Code of Criminal Procedure(for short 'CrPC') praying for issuance of a direction to the trial Court for disbursal of amount of Rs.1 lakh deposited by the respondent in Criminal Case No.708/2014.

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The respondent was convicted under Section 138 of the Negotiable Instrument Act and sentenced to simple imprisonment for 6 months and also directed to pay a compensation of Rs.2,70,000/- by the trial Court. This conviction and sentence was maintained by the appellate Court in the appeal filed by the respondent. Subsequent to which, Criminal Revision No.851/2018 has been filed by the respondent, in which, the respondent has been granted relief of suspension of sentence.

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1. The respondent has made a partial payment of the compensation

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amount of Rs.1 lakh in the trial Court. On the application made by the petitioner for disbursal of the amount in his favour, the same has been rejected by the impugned order.

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1. It is submitted by the counsel for petitioner that this Court may be pleased to direct for disbursal of the deposited amount in favour of the petitioner.

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1. Learned counsel for the respondent has raised an objection and the submissions made by the counsel for the petitioner have been opposed.

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1. After considering the submissions, this petition under Section 482 CrPC is disposed of at motion stage. The learned trial Court is directed to make disbursal of the amount in respect of any such application filed by the petitioner after obtaining a personal bond of the equivalent amount from the petitioner.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Rekha

Shatrughan Swarnkar v. Satyendra Kumar Soni

Case brief

What is this about?

What did the court decide?

Shatrughan Swarnkar v. Satyendra Kumar Soni

Case brief

What is this about?

What did the court decide?

What the court decided

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