Ankit Patidar vs Santosh Mehta
2021 Latest Caselaw 1161 MP

Citation : 2021 Latest Caselaw 1161 MP
Judgement Date : 31 March, 2021

Madhya Pradesh High Court

Ankit Patidar vs Santosh Mehta on 31 March, 2021

Author: Rohit Arya

                                                                     1                             CRR-730-2021
                                           The High Court Of Madhya Pradesh
                                                      CRR-730-2021
                                                           (ANKIT PATIDAR Vs SANTOSH MEHTA)

                                   1
                                   Indore, Dated : 31-03-2021
                                         Shri R.R. Bhatnagar, learned counsel for the applicant.
                                         Issue notice to the respondent on payment of process fee by ordinary

as well as registered AD mode within seven working days, returnable within six weeks.

Let record of the Courts below be requisitioned.

Heard on I.A.No.4746/2021; an application under Section 397/401 of Cr.P.C. filed on behalf of applicant seeking suspension of sentence.

This criminal revision has been filed being aggrieved by the judgment of conviction dated 31.12.2020 passed in Cr.A. No. 216/2019 by the 7th Additional Sessions Judge, Distt. Ujjain confirming the judgment dated 27.09.2019 passed by the JMFC, Distt. Ujjain in Complaint Case No. 2712/2016 whereby applicant has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced to undergo three months RI with compensation of Rs.2,04,000/- payable to the

complainant with default stipulation.

Learned counsel for the applicant submits that learned Courts below have wrongly convicted the applicant. The learned Courts below have not properly appreciated the evidence. The applicant was on bail during trial and he has not misused the liberty. The applicant has already deposited Rs. 40,000/- (Rupees Forty Thousand only). During Covid-19 pandemic the regular criminal revisions are not being taken up for consideration on merits. Therefore, prays for suspension of sentence and enlargement of applicant on bail, on such terms and conditions this Court deems fit and proper.

Upon hearing learned counsel for the applicant, but without commenting upon merits of the rival contentions so advanced regard being Signature Not Verified SAN had to the fact that disposal of revision will take time, the application is

Digitally signed by SEHAR HASEEN Date: 2021.04.01 11:33:07 IST 2 CRR-730-2021 allowed. It is directed that the jail sentence of applicant shall remain suspended subject to depositing further amount of Rs. 1,00,000/- (Rupees One Lakh only) in addition to the amount already deposited, i.e. Rs.40,000/- (upon verification by the trial Court) towards compensation payable to the complainant subject to outcome of the revision, he be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs.One Lac only)

with one solvent surety in the like amount to the satisfaction of the trial Court. The applicant is directed to appear before the Registry of this Court on 21.06.2021 and on other subsequent dates as may be fixed in this behalf with following further conditions. :-

(i) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order ;