Akbar Ali vs Moiz Bandukwla
2021 Latest Caselaw 5773 MP

                                  1                            CRR-2160-2021
        The High Court Of Madhya Pradesh
                   CRR-2160-2021
                         (AKBAR ALI Vs MOIZ BANDUKWLA)

1
Jabalpur, Dated : 21-09-2021
      Heard through Video Conferencing.
      Mr. Imtiyaz Hussain along with Mr. Ishteyaq Hussain, learned counsel
for the applicant.
      Mr. Prakash Gupta, learned counsel for the respondent.

Heard on I.A. No.16397/2021, an application under Section 5 of the

Limitation Act.

As per Office note, the revision is within time. Hence, I.A. No.16397/2021 is misconceived and is disposed of being infructuous.

Also heard on I.A. No.16398/2021, an application for exemption from surrendering to custody before the trial Court.

In this revision, the applicant has challenged the impugned judgment dated 19.02.2020 passed in Criminal Appeal No.72/2019 by learned Sessions Judge, Seoni whereby the appeal preferred by the applicant against the judgment dated 24.09.2019 passed in Criminal Case No.1087/2016 by which

the applicant has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo RI for one year and to compensation of Rs.8,21,000/- (in default to further undergo RI for six months).

It is contended that the applicant is close relative of the respondent/complainant. He has already paid a sum of Rs.8,21,000/- by way of demand draft No.547716 dated 06.09.2021. It is further contended that the applicant is an old man aged about more than sixty-five years. He is also suffering various ailments and the documents showing the same have been filed this revision. In support of the prayer he has placed reliance on the decisions rendered in the case of Vivek Rai and Another v. High Court of Jharkhand through Registrar General and others, (2015) 12 SCC 86 and 2 CRR-2160-2021 order dated 21.06.2021 passed by a coordinate Bench of this Court in Criminal Revision No.2621/2019 (Francis v. Surenddra Singh Mourya) The parties are present before this Court. The respondent - Moiz Bandukwala fairly states that he has no objection if the applicant is exempted from surrendering before the trial Court.

Having heard learned counsel for the parties and considering the age of

the applicant; his ailments; the decision referred to hereinabove; and the fact that the applicant has already paid the amount as well as the consent given by the respondent, I.A. No.16398/2021 is hereby allowed. The revision is hereby admitted. The applicant is exempted from surrendering to custody before the trial Court.

Accordingly, I.A. No.16398/2021 is hereby allowed. At this stage, it is worthmentioning that there is an application dated 07.09.2021 on record for mutual compromising the case. Thus, the parties are directed to remain personally present before the Registrar Judicial on 29.09.2021 for verification of the same.

List the case thereafter.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2021.09.22 16:59:58 IST