Mukesh Kushwah vs Purushottam Kushwah
2021 Latest Caselaw 1063 MP

                                   1                               CRR-827-2021
        The High Court Of Madhya Pradesh
                   CRR-827-2021

(MUKESH KUSHWAH Vs PURUSHOTTAM KUSHWAH)

Gwalior, Dated : 24-03-2021 Shri Arvind Singh Chouhan, learned counsel for the petitioner. I.A. No. 8304/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Also heard on I.A. No. 8305/2021, which is an application to stay the execution of judgment dated 04/03/2021 till final disposal of this revision.

This Criminal Revision is arising out of the judgment dated 04/03/2021 passed by the XVII Additional Sessions Judge, District Gwalior (M.P.) in Criminal Appeal No.91/2020; whereby, the order dated 06/03/2020 passed by the Judicial Magistrate First Class, District Gwalior in Criminal Case No.61/2017 has been partly allowed.

The petitioner has been convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of six months and directed to deposit compensation amount of Rs.2,95,150/- with default stipulations.

It is submitted by learned counsel for the petitioner that the petitioner has been convicted under Section 138 of Negotiable Instruments Act by the Appellate Court and sentenced to deposit Rs.2,95,150/- within a period of 20 days from the date of the judgment, giving the benefit of the Probation of Offenders Act, 1958. Learned counsel for the petitioner has further submitted that the petitioner has already deposited Rs.74,000/-. Hence, prayed to stay the execution of impugned judgment 04/03/2021.

Heard learned counsel for the petitioner and perused the documents available.

Subject to depositing of 50% of total amount within a period of seven days from today, the execution of the impugned judgment dated 04/03/2021 shall remain stayed.

2 CRR-827-2021 I.A. No. 8305/2021 stands disposed of in above terms.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar

SHUBHANKAR MISHRA 2021.03.24 17:30:58 +05'30'