Rajendra Kumar Sinha vs Kuldeep Kumar Parlani
2021 Latest Caselaw 374 MP

                                                                            1                                 CRR-592-2021
                                                The High Court Of Madhya Pradesh
                                                           CRR-592-2021
                                                          (RAJENDRA KUMAR SINHA Vs KULDEEP KUMAR PARLANI)

                                       1
                                       Jabalpur, Dated : 01-03-2021
                                              Mr.Rajesh Patel, learned counsel for the petitioner.
                                              Heard on admission. The revision is admitted for hearing.
                                              Let record of the courts below be called for.
                                              Also heard on I.A.No.3226/2021, an application for stay of execution of
                                       impugned judgment.

                                              By the impugned judgment the lower appellate court partly allowed the appeal
                                       and while affirming the conviction of the petitioner u/s 138 of the Negotiable
                                       Instructions Act converted the sentence till rising of the Court and awarded
                                       compensation of Rs.1,51,000/- under section 357(3) & 359 of Cr.P.C.
                                              Learned counsel for the petitioner submits that lower appellate Court has not
                                       properly appreciated the oral and documentary evidence available on record and,
                                       therefore, the same cannot be sustained in law.
                                              Considering the facts and circumstances of the case, it is directed that if the
                                       petitioner deposits Rs.90,000/- within a period of 15 days from the date of this order
                                       before the trial Court, then further execution of impugned judgment shall remain

                                       stayed till next date of hearing.
                                              Let notice of this revision be issued to the respondent on payment of process

fee within seven working days by registered post with acknowledgement due as well as by ordinary mode.

List the case after four weeks.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.03.01 18:01:33 IST