Rajkumar vs Deepak
2021 Latest Caselaw 4194 MP

                                                                              1                                CRR-1827-2021
                                                    The High Court Of Madhya Pradesh
                                                               CRR-1827-2021
                                                                          (RAJKUMAR Vs DEEPAK)

                                            1
                                            Indore, Dated : 11-08-2021
                                                  Heard through Video Conferencing.
                                                  Shri Ajay Kumar Mimrot, learned counsel for the applicant.
                                                  Ms.     Chitralekha   Hardia,   learned   Public   Prosecutor     for   the
                                            respondent/State.

Ms. Anamika Singh, learned counsel for the Respondent/Complainant.

Heard on the question of admission. Record perused. The revision is admitted for hearing.

Also heard on IA No.21582/2021, an application under Section 397(1) of the Cr.P.C. for suspension of jail sentence filed on behalf of the applicant.

Applicant has filed this revision petition against the judgment dated 04/08/2021 passed by Fifth ASJ, District Ujjain in Criminal Appeal No.40/2021, whereby the learned appellate Court has dismissed the appeal and affirmed the judgment of conviction dated 31/03/2021 passed in Criminal Case No.798/2016 by JMFC, Ujjain convicting the applicant under sections

138 of N.I. Act, sentenced him to undergo 2 months RI and to deposit Rs.1,45,000/- (Cheque amount with interest) with further default stipulation.

Learned counsel for the applicant submits that the applicant had entered into compromise with the complainant and the entire amount has been paid. The hearing of this petition would likely to take long time, hence prayed for suspension of sentence and release of the applicant on bail.

On the other hand, learned counsel for the respondent/State opposed the prayer.

Learned counsel for the complainant admit the compromise and receipt of the amount.

Considering the facts and circumstances of the case, the compromise Signature Not VerifiedDigitally signed by

entered into by the parties and the short sentence involved in the matter and SAN RASHMI PRASHANT Date: 2021.08.12 10:58:24 IST 2 CRR-1827-2021 the fact that petition is likely to take time for final hearing, the application is allowed and the jail sentence alone passed against the applicant shall remain suspended and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court

for his appearance before the Registry of this Court on 20/12/2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this petition.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

Both the parties jointly submits that the matter be placed before the Lok Adalat for final hearing of the revision petition.

Prayer is allowed.

List the matter before the ensuing Lok Adalat. C.c as per rules.

(VIVEK RUSIA) JUDGE

rashmi

Signature Not Verified VerifiedDigitally Digitally signed by SAN RASHMI PRASHANT Date: 2021.08.12 10:58:24 IST