Kailash Charmkar vs Rajnish Pandey
2022 Latest Caselaw 16181 MP

                                      1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                              CRR No. 3323 of 2022
                         (KAILASH CHARMKAR Vs RAJNISH PANDEY)

Dated : 06-12-2022
       Shri Shivraj Kushwaha, learned counsel for the applicant

       None for the respondent.

Heard on admission.

Admit.

Records of the courts below have been received.

Issue notice to the respondent by both the modes on payment of process fee within seven working days.

The notice be made returnable within four weeks. T he applicant herein has been convicted by the courts below for an offence under section 138 of the Negotiable Instruments Act 1881 and sentenced to "Till the rising of the Court" and the applicant has been directed to pay a compensation of Rs.3,97,000/- and in default to undergo two months simple imprisonment.

Learned counsel for the applicant submits that the impugned judgment

passed by the courts below is erroneous and arbitrary. The appellate court has not appreciated the evidence in proper perspective and, therefore, has arrived at erroneous findings. The courts below failed to consider that the cheque was not given for any illegal executable liability.

Having heard the learned counsel for the applicant and considering the facts of the case, it is directed that if applicant Kailash Charmkar deposits Rs.1,00,000/- (Rupees One Lac) towards part of compensation within a period of thirty days from today and furnishes a furnishes a solvent surety in the sum

of Rs.30,000/- (Rupees Thirty Thousand) with a personal bond in the like amount to the satisfaction of the Chief Judicial Magistrate, Rewa, the execution of payment of the remaining amount of compensation passed against him shall remain stayed and he shall be released on bail.

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

(SMT. ANJULI PALO) JUDGE

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PRASHANT SHRIVASTAVA 2022.12.07 11:31:13 +05'30'