M/S Siddharth Earth Movers ... vs Dwarkaprasad
2021 Latest Caselaw 1267 MP

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                                                           CRR No.930/2021


  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
      (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                      CRR No. 930 of 2021
 (M/s. Siddharth Earth Movers & another. V/s. Dwarkaprasad S/o.
                        Ghisalal Agarwal)

Indore, dated : 05.04.2021
              Shri Anopam Chouhan, learned counsel for the
applicants.
              Heard on the question of admission.
              On payment of P.F. within three days, issue notice to the
respondent returnable within four weeks.

Also heard on I.A. No.6452/2021, an application for suspension of custodial sentence filed by applicants.

The applicants have filed the present revision against judgment dated 22.2.2021 whereby learned first Addl. Sessions Judge, Sendhwa has affirmed the judgment dated 18.12.2019 passed by Judicial Magistrate, First Class, Sendhwa by which they have been convicted u/s. 138 of Negotiable Instruments Act and sentenced to undergo one year RI.

Learned counsel for the the applicants submits that the learned courts below have not properly appreciated the evidence on record and material omissions and contradictions have been overlooked. The revision is likely to take considerable time for its final hearing and if their custodial sentence is not suspended, the application may be rendered infructuous. He, therefore, prayed that the custodial sentence of applicants be suspended and they be released on bail.

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of

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CRR No.930/2021

the applicants.

Accordingly, I.A. No.6452/2021 is allowed and it is directed that subject to deposit of fine amount of cheque i.e. Rs.5,25,000/- (Five Lakhs Twenty Five Thousand only) with the trial Court and on furnishing personal bond by the applicants in the sum of Rs.50,000/- (Fifty Thousand only) each, with separate solvent sureties in the like amount to the satisfaction of learned trial Court for their appearance before the Registry of this Court, the execution of custodial part of the sentence of the applicants shall remain suspended till the final disposal of this revision.

The applicants after being enlarged on bail they shall mark their presence before the Registry of this Court on 11.01.2022 and on all such subsequent dates, which are fixed in this behalf.

Record of Court below be requisitioned and list thereafter for admission.

C.C. as per rules.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2021.04.05 16:59:15 +05'30'