Rambeti vs Smt. Guddibai
2021 Latest Caselaw 6898 MP

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              HIGH COURT OF MADHYA PRADESH,
                         BENCH AT GWALIOR
                              CRR-2601-2021
                      (Rambeti Vs. State of M.P.)

Gwalior, Dated : 27/10/2021

      Shri Rajeev Shrivastava, learned counsel for the applicant.

      None appears for the respondent.

IA No.30262/2021, an application under Section 5 of Limitation Act

for condonation of delay, is taken up, considered and allowed for the reasons

mentioned therein. Delay of 561 days' in filing the petition is condoned.

Heard on the question of admission.

The revision appears to be arguable, therefore, it is admitted.

Record of the trial Court is available.

Also heard on I.A. No.30261/2021, an application under Section

397(1) of the Code of Criminal Procedure filed on behalf of the applicant.

This revision is directed against the impugned judgment of conviction

dated 27/12/2019 passed by 15 th Additional Sessions Judge, Gwalior,

District- Gwalior (M.P.) in Criminal Appeal No.392/2018, whereby the

judgment of conviction and order of sentence passed by Judicial Magistrate

First Class, Gwalior, District- Gwalior (M.P.) vide judgment dated

30/08/2018 in Criminal Case No.4871/2013 was affirmed and the applicant

has been given the benefit of Probation of Offenders Act, 1958 but he has

been directed to pay the compensation amount to the tune of Rs.88,800/- to

the complainant within a period of one month, failing which she would

suffer simple imprisonment of one month, therefore, prayer for stay in

relation to payment of compensation amount to the tune of Rs.88,800/- is

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-2601-2021 (Rambeti Vs. State of M.P.)

made.

Learned counsel for the applicant submits that the applicant is the sole

bread earner of her family and owing to adverse financial condition, she is

not in a position to pay the entire amount of compensation.

Learned Public Prosecutor for the State opposed the prayer and

submitted that since compensation includes the principle amount of

cheque/Instrument, therefore, the same is required to be paid by the

applicant.

Heard learned counsel for the parties.

This is a case wherein the applicant has been given the benefit of

Probation of Offenders Act, 1958 and she has been directed to pay the

cheque amount of Rs.60,000/- and Rs.28,800/- as interest on that payment in

total Rs.88,800/-. The aforesaid amount includes the cheque amount also,

therefore, the applicant is required to pay the said amount to the

complainant. On perusal of the order sheet, it can be seen that the applicant

has not paid any amount to the complainant.

In view of the above, IA No.30261/2021 stands rejected.

List the case for final hearing in due course.

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

(S.A. Dharmadhikari) Judge rahul RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

SINGH postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da460684034 62fdf82ab676d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D 9FE728CE00D487,

PARIHAR serialNumber=0275C4F803F94C47998BE5C53 4E21BDED910FD4AB9D159B55575E814D05B2 EED, cn=RAHUL SINGH PARIHAR Date: 2021.10.29 14:04:31 +05'30'