Suraj Prasad Jatav vs Anil Shinde
2021 Latest Caselaw 3386 MP

        01       HIGH COURT OF MADHYA PRADESH
                      Cr.R. No.1491/2021
                 (Suraj Prasad Jatav Vs.Anil Shinde)

Gwalior, Dated:16.7.2021
      Shri Prasoon Maheshwari, learned counsel for the petitioner.
      Shri Ranjeet Khanvilkar, learned counsel for respondent.

Matter is heard through Video Conferencing.

I.A. No. 19568/2021, application for urgent hearing is taken

up, considered and allowed for the reasons mentioned therein.

Heard on I.A. No.19569/2021, an application under section 397

of Cr.P.C. for suspension of sentence on behalf of the applicant.

This criminal revision has been filed against the judgment dated

18.03.2021 passed by Fourteenth Additional Sessions Judge, Gwalior

in Criminal Case No.337/2019 affirming the judgment of conviction

and sentence dated 18.10.2019 passed by Judicial Magistrate First

Class, Gwalior in Criminal Case No. 3381/2016, 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. 4,00,625/- as compensation.

It is submitted by learned counsel for the petitioner that the

compensation amount has already been paid to the complainant

therefore, prayed for suspension of remaining jail sentence of the

petitioner.

Shri Khanvilar, learned counsel for the respondent/complainant

admitted that the amount has been paid and compromise is going to

be done.

                      02          HIGH COURT OF MADHYA PRADESH
                                      Cr.R. No.1491/2021
                                 (Suraj Prasad Jatav Vs.Anil Shinde)

Heard learned counsel for the parties through video

conferencing and perused the materials available on record.

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, without commenting

on merits of the case, the application (I.A. No.19569/2021) 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.25,000/- (Rupees twenty 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 27.09.2021 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.

E- copy of this order be sent to the Court below concerned for

compliance.

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

                                                (Deepak Kumar Agarwal)
vv                                                 Judge


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     VASUDEVAN
     2021.07.19
     11:21:27
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