Shrilal Rawat vs Madhyanchal Grami Bank Branch ...
2021 Latest Caselaw 9136 MP

                                    1                              CRR-3448-2021
          The High Court Of Madhya Pradesh
                   CRR No. 3448 of 2021

(SHRILAL RAWAT Vs MADHYANCHAL GRAMI BANK BRANCH SATANWADA THR. BACHCHANLAL CHIDAR)

Gwalior, Dated : 22-12-2021 Shri Brijendra Singh Gour, learned counsel for the petitioner.

I.A. No. 33418/2021, application under Section 5 of Limitation Act. As per the contention made by the petitioner in the condonation application, there is a delay of 970 days in filing the present revision. It is submitted that the present petitioner is belonging to the poor family and

anyhow manage to lending the money to the relatives on interest which has been directed by the learned trial Court, therefore, the applicant could not file the revision in time. In support of the application, an affidavit has also been filed.

For the reasons mentioned in the application, the same is hereby allowed. Delay in filing the present revision is hereby condoned.

Also heard on the question of admission.

Heard on I.A. No.33416/2021, an application under section 397(1) of Cr.P.C. for suspension of sentence on behalf of the petitioner. This criminal

revision has been filed against the judgment dated 18.01.2019 passed by II Additional Sessions Judge, Shivpuri in Criminal Appeal No.500164/2016 affirming the judgment of conviction and sentence dated 10.05.2016 passed by Additional Judicial Magistrate First Class, Shivpuri in Criminal Case No.987/2015, by which the petitioner has been convicted under Section 138 of Negotiable Instrument Act and has been sentenced to undergo six months RI and fine of Rs. 2,10,000/- as compensation.

It is submitted by learned counsel for the petitioner that the compensation amount has already been paid to the complainant /Bank and no dues certificate has also been provided by the Bank to the present petitioner which is annexed with present revision petition at page No.21 therefore, prayed for suspension of remaining jail sentence of the petitioner.

2 CRR-3448-2021 Heard learned counsel for the petitioner.

Looking to the aforesaid facts and the fact that compromise is going to be taken place between the parties and the amount due has been repaid by the petitioner to the complainant/Bank, without commenting on merits of the case, the application (I.A. No.33416/2021) is allowed and the remaining jail

sentence of the petitioner is hereby suspended. It is hereby directed that on depositing the fine amount, if not already deposited, the petitioner shall be released on bail on furnishing personal bond of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The petitioner is further directed to mark his appearance before the Office of this Court on 25.03.2022 and on subsequent dates given by the Office in this regard, till final disposal of this revision.

List the case for final hearing in due course.

Certified copy/ e-copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE

(LJ*) SUBASRI MANI 2021.12.23 11:46:59 +05'30'