Poonam Chand Vishwakarma vs Central Bank Of India
2021 Latest Caselaw 5794 MP

                                      1                             CRR-2032-2021
         The High Court Of Madhya Pradesh
                    CRR-2032-2021
               (POONAM CHAND VISHWAKARMA Vs CENTRAL BANK OF INDIA)

2
Jabalpur, Dated : 21-09-2021
        Heard through Video Conferencing.
        Mr.Sunil Kumar Mishra, learned counsel for the applicant.
        Heard on the question of admission.
        The revision is admitted for hearing.
        Also heard on I.A.No.15609/2021, an application for suspension of

sentence and       grant of bail on behalf of applicant-Poonamchand
Vishwakarma.
        Applicant has been convicted vide impugned judgment dated 11.8.2021
passed by the learned lower appellate Court in Criminal Appeal No.30/2019
for offence under section 138 of the Negotiable Instruments Act and
sentenced to undergo R.I. for 2 months and compensation of Rs.2,00,000/-
with default stipulations.
        Learned counsel for the applicant submitted that applicant is innocent
and has been falsely implicated in the crime in question. The impugned

judgment judgment has been passed without properly appreciating the oral
and documentary evidence on record. The applicant has already deposited an
amount of Rs.50,000/-. Therefore, substantive jail sentence of applicant be
suspended and he be released on bail.
        Considering the over all facts and circumstances of the case, the
quantum of sentence awarded, and the fact that disposal of instant revision
would      take considerable     time,          without commenting on merits, the
application is conditionally allowed. It is directed that subject to applicant's
depositing further Rs.50,000/- before the trial Court within 15 days and
furnishing personal bond         in       the    sum   of Rs.40,000/-(Rupees forty
Thousand Only) with one solvent surety in the like amount to the
satisfaction of the trial Court concerned, remaining jail sentence imposed
                                                                             2                          CRR-2032-2021
                                       upon the applicant - Poonamchand shall remain suspended during the
                                       pendency of this case and he shall be released on bail.
                                             The applicant shall appear before the trial Court concerned on
                                       09.12.2021 and on all such subsequent dates, as may be fixed in this regard.
                                             Accordingly, I.A.No.15609/2021 is allowed.
                                             On payment of process fee within three working days by RAD as well

                                       as ordinary mode, let notice of this revision be issued to the respondent.

List the case for final hearing in due course. Certified copy as per rules.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.09.21 18:14:54 IST