Saraswati vs Kaniz Fatima
2022 Latest Caselaw 16936 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRR No. 4832 of 2022
                                                       (SARASWATI Vs KANIZ FATIMA)

                           Dated : 20-12-2022
                                 Shri Arjun Agrawal, learned counsel for the applicant.

                                 Issue notice to the respondent on payment of process fee within seven

working days.

Also heard on I.A.No.16253/2022, an application under Section 397(1) for suspension of sentence and grant of bail to the applicant.

Learned Trial Court has convicted the applicant under Section 138 of the

Negotiable Instruments Act and sentenced him to undergo RI for 01 year and to deposit Rs.1,29,515/- as compensation with default stipulation vide judgement dated 08.12.2022 passed by the 3rd Additional Sessions Judge, Barwah, Distt. West Nimar in Criminal Appeal No.19/2022 affirming the judgment of conviction and order of sentence dated 28.07.2022 passed by the Judicial Magistrate First Class, Barwah District West Nimar in Criminal Case No.400736/2015.

Learned counsel for the applicant submitted that learned Trial Court as well as the Appellate Court have committed error in holding the applicant guilty

for the offence punishable under the N.I. Act as aforementioned. Applicant is ready to deposit the cheque amount i.e. Rs.75,000/-. There is no likelihood of this revision coming up for final hearing in near future, hence, the jail sentence of the applicant be suspended and he be released on bail.

Looking to the facts and circumstances of the case, I am of the view that it is a fit case to allow the application for suspension of sentence and grant of bail to the applicant. Hence, I.A.No.16253/2022 is allowed. Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/21/2022 11:03:20 AM

It is directed that subject to payment of cheque amount i.e. Rs. 75,000/-, the execution of jail sentence of the applicant shall remain suspended during the pendency of this revision and he shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 30.01.2023 and thereafter on all other such subsequent dates as may be fixed by the Registry of this Court in this regard, during the pendency of the revision.

I.A stands allowed and disposed of.

Let the record of Court below be requisitioned.

List after receipt of record.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Vibha

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/21/2022 11:03:20 AM