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Judgment
Heard on admission.
Issue notice to Respondent on admission. PF within 7 days.
Call for the record of the Court below. Also heard on I.A. No. 01/2019, an application for grant of stay.
By the impugned judgment dated 29/01/2019 passed in Criminal Appeal No. 299/2018 by the learned 3 rd Additional Sessions Judge, Durg (C.G.),
arising out of judgment of conviction and sentence dated 08/10/2018 passed in Complaint Case No. 1014/2015 by the learned Judicial Magistrate First
Class, Durg (C.G.), the applicant has been convicted under Section 138 of the NI Act and to pay fine of Rs. 1,79,360/-, with default stipulation.
Learned counsel for the applicant submits that the applicant has a good case and he hopes to succeed in it. He further submits that some amount has
already been deposited by the applicant.
Considering the facts and circumstances of the case, particularly considering that disposal of the instant revision is likely to take time. It is directed that
on deposit of 30% of the fine amount of Rs. 1,79,360/- before the trial Court within a period of 15 days from the date of receipt of this order and the
sentence of deposit of the remaining 70% of the compensation amount shall remain suspended. If any amount has already been deposited by the
Applicant towards the compensation, the same shall be adjusted in the aforesaid 30% of the amount of compensation.
Accordingly, I.A. No. 01/2019 is allowed. List this case after service of notice.