Madhya Pradesh High Court
Chandra Bhushan Chaturvedi vs Prabhudayal @ Prabhu Lal Khatri on 31 May, 2021
Author: Rajendra Kumar Srivastava
1 CRR-988-2021
The High Court Of Madhya Pradesh
CRR-988-2021
(CHANDRA BHUSHAN CHATURVEDI Vs PRABHUDAYAL @ PRABHU LAL KHATRI)
3
Jabalpur, Dated : 31-05-2021
Heard through Video Conferencing.
Shri Varun Dubey, learned counsel for the applicant.
Issue notice to the respondent on payment of Process Fee within
seven working days by registered A.D. and ordinary mode both.
Notice be made returnable within two weeks.
Record of Courts below is available.
Heard on the question of admission.
Revision is admitted for hearing.
Also heard on I.A.No.5168/2021 an application for suspension
of sentence and grant of bail to the applicant.
T h e revision has been preferred by the applicant against
judgment dated 25.2.2021 passed by XX A.S.J. Jabalpur (MP), in
Criminal Appeal No.129/2019, whereby the learned Appellate Court
has affirmed the judgment and conviction order dated 30.4.2019,
passed in Criminal Case No.3926/12, passed by JMFC Jabalpur
(MP).
The applicant has been convicted for commission of an offences
punishable under Section 138 of the Negotiable Instruments Act and
has been punished till arising of the Court with compensation of
Rs.1,00,000/- with interest @ 7% p.a., with default stipulation.
L e a r n e d counsel for the applicant submits that
accused/applicant has deposited Rs.25,000/-. He further submits that
there are fair chances to succeed in the case. Final hearing of this
revision will take time. If the applicant is not released on bail, the
purpose of filing this application will be frustrated. He submits that
he is ready to deposit Rs.25,000/- more towards compensation
amount. Therefore, the application filed on behalf of the applicant
may be allowed and the period of his remaining jail sentence may be
suspended and he may be released on bail.
Considering the short sentence awarded by the trial Court,
looking to the facts and circumstances of the case, without expressing
Signature Not Verified
SAN
any opinion on the merits of the matter, I.A.No. 5168/2021 is
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.05.31 17:51:12 IST
2 CRR-988-2021
allowed and it is directed that subject to depositing of Rs.25,000/-
more towards compensation amount before the trial Court, the
sentence of the applicant is hereby suspended. It is directed that on
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only), along with one solvent surety of like amount to the
satisfaction of the trial Court. It is made clear that the deposited
amount shall not be disbursed to the respondent without the leave of
the Court. It is also made clear that the amount if any, deposited by
the applicant shall be adjusted.
The applicant-Chandra Bhushan Chaturvedi shall appear and
mark his presence before the Court of C.J.M. Jabalpur on 14.6.2021
and shall continue to do so on all such future dates as may be given in
this behalf, during pendency of the matter.
List the matter after three weeks.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
V. JUDGE
A.Praj.
Signature Not Verified
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.05.31 17:51:12 IST
