Shiva Tractors Thr Manager/Pro. ... vs Shri Asht Vinayak Constuctio Comp ...
2021 Latest Caselaw 1454 MP

                                                                            1                                CRR-704-2021
                                                 The High Court Of Madhya Pradesh
                                                            CRR-704-2021
                                               (SHIVA TRACTORS THR MANAGER/PRO. CHUNNILAL KHURANA Vs SHRI ASHT VINAYAK
                                                           CONSTUCTIO COMP THR PROP. SUNIL KUMAR VADHAVANI)

                                       3
                                       Jabalpur, Dated : 09-04-2021
                                                Heard through Video Conferencing.
                                                Shri Rajesh Kumar Patel, Advocate for the applicant.
                                                None for the respondent.

This revision has been filed against the judgment dated 11/09/2020

passed by the learned XVIIth Additional Sessions Judge, Bhopal, in Cr. Appeal No. 102/2016 whereby learned ASJ affirmed the judgement of conviction dated 11/09/2020 passed by learned JMFC, Bhopal in Cr. Case No.12944/2015 where by learned JMFC found applicant guilty for the offence punishable under Section 138 of the Negotiable Instrument Act and sentenced him to undergo R.I. for six months and directed to pay compensation of Rs.20.35 lac to the respondent under Section 357(3) of Cr.P.C. and in default of depositing that amount he shall undergo further six months RI.

On payment of process fee within seven days, issue notice to the

respondent, notices be made returnable within four weeks.

Heard on I.A. No.3855/2021 for suspension of sentence and grant of bail.

Learned counsel for the applicant submitted that the applicant is in custody since 01/03/2021 and hearing of this revision will take long time. Hence, prayed for suspension of sentence and release of the applicant on bail.

Looking to the contention of the learned counsel for the applicant, as an interim measure it is directed that the execution of the jail sentence passed against the applicant shall remain suspended till further orders subject to deposit Rs.15,00,000/- (Rs. Fifteen Lacs only) from the compensation amount as awarded by the trial court and on his furnishing a personal bond in Signature Not Verified SAN the sum of Rs.50,000/- (Rupees fifty thousand Only) with one surety in the Digitally signed by SHARAN JEET KAUR JASSAL Date: 2021.04.09 15:40:58 IST 2 CRR-704-2021 like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 24/08/2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this revision.

List this case after four weeks or after service of notice, whichever is earlier for consideration of I.A. No.3855/2021 as well as for admission.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

sjk

Signature Not Verified SAN

Digitally signed by SHARAN JEET KAUR JASSAL Date: 2021.04.09 15:40:58 IST