M/S Rahul Dresses Through Prop ... vs Hukumchand Maganlal Through ...
2021 Latest Caselaw 1415 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       Cr.R. No.1141/2021
    (M/s Rahul Dresses through Prof. Sanjay Vs. Hukumchand
                             Maganlal )
                                -1-
Indore, dated 08/04/2021

      Shri Vijay Kumar Nagpal, learned counsel for the applicant.
      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.8097/2021, an application for suspension of custodial sentence filed by applicant.

The applicant has filed the present revision against judgment dated 03.04.2021 whereby learned Ninth Addl. Sessions Judge, Indore has affirmed the judgment dated 31.10.2019 passed by Judicial Magistrate, First Class, Indore by which he has 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 the applicant.

Accordingly, I.A. No.8097/2021 is allowed and it is directed that subject to deposition of Rs.4,00,000/- (Four Lakhs only) with HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.R. No.1141/2021 (M/s Rahul Dresses through Prof. Sanjay Vs. Hukumchand Maganlal )

the trial and on furnishing personal bond by the applicant in the sum of Rs.50,000/- (Fifty Thousand only) with solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the applicant shall remain suspended till the final disposal of this revision. The applicant after being enlarged on bail shall mark his presence before the Registry of this Court on 12.01.2022 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 N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.04.09 14:50:12 +05'30'