Citation : 2021 Latest Caselaw 1465 MP
Judgement Date : 9 April, 2021
1 CRR-572-2021
The High Court Of Madhya Pradesh
CRR-572-2021
(RAJESH BHOVRE Vs JAGANNATH PRASAD YADAV)
4
Jabalpur, Dated : 09-04-2021
Heard through Video Conferencing.
Mr.Dhananjay Asati, learned counsel for the applicant.
Let notice be issued to the respondent on payment of process fee
within three working days by registered post with acknowledgement due as well as by ordinary mode.
Considered I.A.No.3140/2021, an application for suspension of sentence and grant of bail on behalf of applicant.
The applicant has been convicted by impugned judgment dated 02.2.2021 passed in Cr.A.No.237/2019 for offence under sections 138 of Negotiable Instruments Act and sentenced to undergo R.I. for one year with fine of Rs.1,36,000/- u/s 357(3) of Cr.P.C. and Rs.5,000/- u/s 359 Cr.P.C.
Learned counsel for the applicant submitted that applicant and complainant have filed an application u/s 147 of N.I.Instruments Act, 1881 seeking permission to compound the offences which is also supported by an
affidavit of the complainant stating that he has received the complete amount from the applicant. Therefore, the jail sentence of the applicant be suspended.
Considering the facts and circumstances of the case and the period of sentence awarded to the applicant, without commenting upon the merits of the case, I.A. No.3140/2021 is allowed. It is directed that on depositing fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the trial Court on 06.09.2021 and on all other subsequent dates, as may be fixed by the trial Court in this regard, the remaining part of the substantive jail sentence imposed on applicant, namely, Rajesh Bhovre shall remain suspended during the pendency of 2 CRR-572-2021
this case and he shall be released on bail.
List the case after four weeks.
(SMT. ANJULI PALO) JUDGE
RM
Signature Not Verified SAN
Digitally signed by RAJESH T MAMTANI Date: 2021.04.09 17:17:04 IST
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