Narendra Singh Saluja @ Narendra ... vs Anil Bhatia
2022 Latest Caselaw 1488 MP

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          The High Court Of Madhya Pradesh
                    CRR No. 992 of 2021
             (NARENDRA SINGH SALUJA @ NARENDRA SINGH Vs ANIL BHATIA)

Jabalpur, Dated : 02-02-2022
      Heard through Video Conferencing.

      Shri Amit Sahani, counsel for the applicant.
      Ms. Neha Bhatia, counsel for the respondent.

Heard on I.A. No. 5225/2021, which is an application for suspension of sentence and I.A. No. 5226/2021, which is an application for stay.

T he applicant was convicted by the trial Court vide judgment dated

16.10.2019 passed by Judicial Magistrate First Class, Jabalpur in Criminal Complaint Case No. 704/2016 under Section 138 of the Negotiable Instruments Act and sentenced to R.I. for 1 year along with compensation of Rs. 4,95,000/- and Rs.5000/- as expenses. Being aggrieved by the aforesaid judgment, the applicant preferred Criminal Appeal No.257/2019 whereby the lower appellate Court vide its judgment dated 23.2.2021 affirmed the conviction recorded by the trial Court under Section 138 of the Negotiable Instruments Act and sentenced the applicant till rising of the Court along with compensation of Rs. 5,20,000/- with default stipulation and expenses of Rs.

5000/-.

Learned counsel for the applicant submits that the impugned judgment o f conviction and order of sentence are bad in law in view of oral and documentary evidence available on record. It is further submitted that on account of Covid-19 Pandemic, the compliance of judgment dated 23.2.2021 could not be made, however, the applicant has deposited the fine amount. In view of the aforesaid, prayer is made to suspend the sentence awarded to the applicant and to release him on bail.

Learned counsel for the respondent has opposed the applications. I have heard learned counsel for the parties. Looking to the period of sentence awarded to the applicant and other facts and circumstances of the case, I find it to be a fit case to suspend the

sentence awarded to the applicant and to release him on bail.

I t is directed that subject to depositing an amount of 3,00,000/- (Rupees Three Lakh only) out of the compensation amount of Rs. 5,20,000/- and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the sentence awarded to the applicant shall remain

suspended and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 28.6.2022 and on such other dates as may be fixed by the trial Court concerned during pendency of this revision.

The execution of remaining amount of compensation shall remain stayed during pendency of this revision.

Accordingly, I.A. No. 5225/2021 and I.A. No. 5226/2021 stand disposed of.

(SMT. ANJULI PALO) JUDGE

PB

Digitally signed by PRADYUMNA BARVE Date: 2022.02.04 18:03:32 +05'30'