Narayan vs Manmohan
2021 Latest Caselaw 315 MP

                       HIGH COURT OF MADHYA PRADESH
                                Cr.R. No. 490/2021
                              (Narayan vs. Manmohan)
Jabalpur, Dated : 27.02.2021
        Shri Manikant Sharma, learned counsel for the applicant.
        On payment of process fee within 7 days by ordinary mode as well as by
registered / AD, notice be issued to the respondent and be made returnable within

six weeks.

Also heard on IA No.2953/2021 which is an application for suspension of sentence and grant of bail filed on behalf of the applicant.

This revision petition has been filed by the applicant under Section 397/401 of the Cr.P.C. against the judgment dated 16.2.2021 passed by the District and Ses- sions Judge, Harda in Cr.A. No. 66/2019 confirming the judgment dated 6.8.2019 passed by JMFC, Harda in Case No. NIA/1500196/2016 with regard to conviction under Section 138 of N.I. Act and sentenced to R.I. for six months and under Section 357 of Cr.P.C., with compensation of Rs. 1,00,000/- with default stipulation.

It is submitted that in this case notice is faulty and defence of the applicant has not been considered in right perspective. Applicant is not obliged to prove the defence beyond the reasonable doubt and learned both the courts below have ap- plied the principle of reasonable doubt with regard to proof of the defence, there- fore, prima facie, the impugned orders are contrary to law. Further submitted that the applicant is ready to pay compensation, therefore, till the final disposal of this revision, the execution of sentence of imprisonment be stayed.

Meanwhile, it is directed that on depositing entire compensation amount the execution of jail sentence of the applicant Narayan shall remain suspended till fur- ther orders and he be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 27.4.2021 and thereafter, on all such subsequent dates as may be fixed by the trial Court subject to final order on the application. The compensation amount if paid earlier be adjusted.

List the case for admission and on the aforesaid IA after receiving of the record.

(J.P.GUPTA) JUDGE VKV/-

Digitally signed by VINAY KUMAR VERMA Date: 2021.02.27 03:47:20 -08'00'