Rakesh Singh vs Sanjay Chouksey
2022 Latest Caselaw 6309 MP

                                                                                1
                                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                                    AT JABALPUR
                                                                         CRR No. 1089 of 2022
                                                                     (RAKESH SINGH Vs SANJAY CHOUKSEY)

                                        Dated : 27-04-2022
                                               Shri Madan Singh, counsel for the petitioner.

                                               Shri Sumit Kanojia, counsel for the respondent/complainant.

Heard on I.A.No.5151/2022 which is an application under Section 389 (1) of CrPC for suspension of custodial sentence of the petitioner.

By way of present revision under Section 397/401 of CrPC, the petitioner has challenged the judgment and order dated 18.12.2019 passed in CRA

No.90/2019 by the Additional Sessions Judge, Goharganj, District Raisen (M.P.) whereby the judgment dated 28.08.2019 passed in Complaint Case (SC NIA) No.464/2018 by JMFC, Goharganj, District Raisen (M.P.) has been upheld. Vide said judgment, the petitioner has been convicted under Section 138 of Negotiable Instruments Act, 1881 and sentenced to undergo R.I. for 1 year and compensation of Rs.3,70,000/- with default stipulation.

It is submitted that the parties have amicable settled their dispute and they are going to file the compromise before the Court.

The complainant has no objection in granting suspension to the petitioner.

On due consideration, I deem it appropriate to suspend the sentence of the petitioner, therefore, without discussing the merits in detail, I.A.No.5151/2022 is allowed.

It is directed that on deposit of entire compensation amount, if not already deposited and on furnishing personal bond to the tune of Rs.10,000/- (Only Ten Thousand Rupees) with one surety in the like amount to the satisfaction of the Trial Court for appearance of the petitioner before this Court on 10.05.2022 and on subsequent dates as may be fixed in this behalf, the execution of substantial jail sentence imposed on the petitioner namely Rakesh Singh shall remain suspended, till final disposal of this revision.

Parties are directed to appear before the Court on 10.05.2022. Signature Not Verified SAN List the case on 10.05.2022.

Digitally signed by ASHISH KUMAR JAIN Date: 2022.04.27 17:20:57 IST

(VIRENDER SINGH) JUDGE @shish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.04.27 17:20:57 IST