M/S Siddharth Earth Movers ... vs Dwarkaprasad
2021 Latest Caselaw 1563 MP

1        HIGH COURT OF MADHYA PRADESH :
                     BENCH AT INDORE
                      CRR No.976/2021
    M/s Siddharth Earth Movers Sendhwa & Tarunkumar Vs.
                        Dwarkaprasad

Indore: Dated:-24/04/2021:-
      Shri Anupam Chouhan, learned counsel for the applicants.
      He is heard on IA No.8126/2021 for amendment.
      The innocuous IA is allowed.
      Necessary corrections be made when normal court work is
restored.
      Heard on admission.
      This revision contains arguable points and is accordingly
admitted for hearing.
      Record of the Courts below be requisitioned.
      Learned counsel for the applicants press IA No. 6768/2021
for suspension of sentence.
      This revision assails the judgment dated 22/02/2021 passed
in CRA No.6/2020 by learned Additional Sessions Judge,
Sendhwa, whereby the learned Judge has affirmed the judgment
passed by learned Judicial Magistrate First Class, Sendhwa,
District- Barwani in SC NIA No.398/2016 on 18/12/2019
wherein the petitioner has been convicted for an offence under
Section 357(3) of Cr.P.C. to pay fine of Rs.6,80,000/- and in
default of payment of fine to undergo 3 months SI and
Rs.10,000/- to be given to the respondent as expenditure under

Section 359 of Cr.P.C. and in default of payment, he had to undergo 7 days SI.

Shri Chouhan, learned counsel submits that applicants shall deposit the entire amount as per judgment dated 22/02/2021 before 1st Additional Sessions Judge, Sendhwa, Dist. Barwani within 30 days from today. It is prayed that subject to depositing 2 HIGH COURT OF MADHYA PRADESH :

BENCH AT INDORE CRR No.976/2021 M/s Siddharth Earth Movers Sendhwa & Tarunkumar Vs. Dwarkaprasad

the said amount before Court below, the remaining jail sentence be suspended.

The prayer is reasonable.

The remaining jail sentence of applicants shall remain suspended subject to depositing the entire amount before the concerned JMFC within 30 days from today and subject to furnishing personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with separate solvent surety of the like amount to the satisfaction of the trial Court. They shall continue to mark their presence before the Court below as per the date fixed by the Court below during the pendency of this revision.

List this revision for hearing in due course. CC as per rules.

(SUJOY PAUL) JUDGE soumya

Digitally signed by SOUMYA RANJAN DALAI Date: 2021.04.24 15:31:58 +05'30'