Raghuveer Singh vs District Co Operative ...
2021 Latest Caselaw 8615 MP

                                   1                            CRR-3118-2021
        The High Court Of Madhya Pradesh
                 CRR No. 3118 of 2021
(RAGHUVEER SINGH Vs DISTRICT CO OPERATIVE AGRICULTURE AND RURAL DEVELPMENT BANK
                        BRANCH KOLARAS PARGANA KOLARAS)


Gwalior, Dated : 10-12-2021
      Shri D.S. Rajawat, learned counsel for the petitioner.

      Shri Purushottam Tanwar, learned Panel Lawyer for respondent/State.

The petitioner has filed this Cr.Revision under Section 397 read with section 401 of Cr.P.C against the judgment dated 21.09.2021 passed by the Court of First Additional Sessions Judge, Shivpuri in Cr.Appeal No.561/2017

affirming the judgment dated 16.11.2017 passed by the Court of Chief Judicial Magistrate, Kolaras District Shivpuri in RCT No. 20026/2012 convicting the petitioner under Section 138 of NI Act and sentencing him to undergo RI for six months with fine of Rs. 1,21,200/- with default stipulation.

Als o heard on I.A. No.32326/2021, an application under Section 397(1) of Cr.P.C. for suspension of sentence on behalf of the petitioner.

Learned counsel for the petitioner submits that the learned Courts below have erred in law in convicting and sentencing the petitioner. He further

submits that during trial and during pendency of the appeal the petitioner was on bail and he did not misuse the liberty so far. Further, the petitioner is in custody for more than three months. There are material contradictions and omissions in the statements of witnesses. Amount towards fine could not be deposited due to paucity of funds. Final disposal of the revision will take time. On these grounds, learned counsel has prayed for suspension of execution of jail sentence and grant of bail.

Looking to the aforesaid facts and circumstances of the case and further considering the period of sentence, IA is allowed subject to deposition of entire fine amount as imposed by the trial Court, the execution of jail sentence of the petitioner shall remain suspended and he be released on bail on his furnishing a personal bond for a sum of Rs. 50,000/-

2 CRR-3118-2021 (Fifty Thousand rupees only) with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 28.06.2022 and thereafter on all other such subsequent dates as may be fixed by the Court in this regard.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

neetu NEETU SHASHANK 2021.12.11 11:51:59 +05'30'