Ajay Tirath @ China vs Abhilekh Choukse
2021 Latest Caselaw 5554 MP

                                                                      1                             CRR-1740-2020
                                            The High Court Of Madhya Pradesh
                                                       CRR-1740-2020
                                                        (AJAY TIRATH @ CHINA Vs ABHILEKH CHOUKSE)

                                   7
                                   Jabalpur, Dated : 16-09-2021
                                           Heard through Video Conferencing.
                                           Shri Sanjay Jharia, Advocate for the applicant.
                                           None for the respondent though served.

Heard on I.A. No.7076/2020 for suspension of sentence and grant of bail.

T his revision has been filed against the judgment dated 16/3/2020 passed by the learned 21st Additional Session Judge, Jabalpur, in Cr. Appeal No. 228/2019 whereby learned ASJ affirmed the judgement of conviction dated 18/11/2019 passed by learned Judicial Magistrate First Class, Jabalpur in Cr. Case No.18202/2014 whereby learned JMFC found applicant guilty for the offence punishable under Section 138 of the Negotiable Instrument Act a n d sentenced him to undergo R.I. for one year and directed to pay compensation of Rs.7,25,000/- to the respondent under Section 357 (3) of Cr.P.C. and in default of depositing that amount he shall undergo further three

months SI.

Learned counsel for the applicant submitted that the applicant is in custody since 06.04.2021. Learned trial Court as well as appellate Court without appreciating the evidence properly, wrongly convicted the applicant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution and hearing of this revision will take time. Hence, prayed for suspension of sentence. He further submitted that the learned trial Court also directed the applicant to pay compensation of Rs.7,25,000/- to respondent, that amount is so heavy and applicant is not able to deposit the whole amount. The applicant has already deposited Rs.1,45,000/- out of compensation amount i.e. Rs.7,25,000/-, so recovery of Signature Not Verified SAN compensation amount be also suspended

Digitally signed by VARSHA SINGH Date: 2021.09.16 16:58:23 IST 2 CRR-1740-2020 Looking to the facts and circumstances of the case and the fact that the applicant is in custody since 6/4/2021 and hearing of this revision will take time, the application is allowed and it is directed that on depositing an additional amount of Rs.1,05,000/- (Rupees One Lac and Five Thousand Only) from compensation amount, the execution of the jail sentence as well as

recovery of remaining fine amount shall remain suspended during the pendency of this revision and the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court o n 20/12/2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this revision.

Let the matter be listed for admission after four weeks.

(RAJEEV KUMAR DUBEY) JUDGE

VS

Signature Not Verified SAN

Digitally signed by VARSHA SINGH Date: 2021.09.16 16:58:23 IST