Smt. Kiran Vishwakarma vs Sanjay Prasad (Dead) Through ...
2022 Latest Caselaw 16360 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRR No. 4614 of 2022
                            (SMT. KIRAN VISHWAKARMA Vs SANJAY PRASAD (DEAD) THROUGH LEGAL HEIRS SMT. SHOBHA
                                                        VISHWAKARMA AND OTHERS)

                          Dated : 09-12-2022
                                   Shri Ghanshyam Sharma, learned counsel for petitioner.

                                   __________________________________________________
                                   Let notice be issued to the respondent on payment of process fee within

a week.

Let record of Courts below be requisitioned.

Heard on I.A. No.22884/2022 - an application for suspension of sentence and grant of bail.

This revision is directed against the judgment dated 09.11.2022 passed

by 25th District and Sessions Judge, Bhopal (M.P.) in Criminal Appeal No.399/2019 whereby conviction of petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, as recorded by the Judicial Magistrate, First Class, Bhopal vide judgment dated 29.4.2019 passed in R.C.T No. 256/2016, Filing No. 1048/2016 CNR No. MP 04010003912016 and the consequent sentence of R.I. for one year and to pay compensation of

Rs.4,10,000/- was interfered with by reducing the sentence till rising of the Court.

I t is submitted by learned counsel for the petitioner that there is no possibility of the revision coming up for final hearing in the near future, hence, the petitioner may be benefited by suspension of sentence.

In view of the above, awaiting admission, it is directed that the execution of remaining jail sentence awarded to petitioner - Smt. Kiran Vishwakarma shall remain suspended during pendency of this revision and she shall be Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 12/9/2022 5:02:09 PM

released on bail subject to her depositing with the Trial Court half the amount of cheque after adjusting the amount already deposited by way of a bank guarantee or fixed deposit latest by 15/01/2023 and furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties of Rs.25,000/- each to the satisfaction of trial Court for her appearance before that Court first on 20.01.2023 and on such further dates as may be fixed by the said court in this regard till disposal of this revision.

In case, petitioner is found absent on any date fixed by the concerned Trial Court then the said Trial Court shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this

Court, provided the Registry of this Court be kept informed.

I.A. No.22884/2022 stands allowed in above terms. In view of above I.A No. 22883/2022 is rendered infructuous and is accordingly dismissed as such.

List the case for admission after receipt of the record of courts below. Certified copy as per rules

(SHEEL NAGU) JUDGE

vivek

Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 12/9/2022 5:02:09 PM