Ku. Sonam Tiwari vs Vinod Kumar Sahu
2022 Latest Caselaw 1791 MP

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        The High Court Of Madhya Pradesh
                  CRR No. 411 of 2022
                      (KU. SONAM TIWARI Vs VINOD KUMAR SAHU)

Jabalpur, Dated : 08-02-2022
      Heard through Video Conferencing.

      Shri Mansoori Shakeel, counsel for the applicant.
      Heard on admission.
      This revision seems to be arguable, therefore, admitted for hearing.
      Issue notice to the respondent by both (registered as well as ordinary)

modes on payment of process fee within seven working days.

Heard on I.A. No.2072/2022 and I.A. No. 2073/2022, which is an application for suspension of sentence and grant of bail to the applicant.

The applicant has been convicted by the lower appellate Court under Section 138 of the Negotiable Instruments Act and sentenced till rising of the Court along with compensation of Rs.3,79,000/- with default stipulation.

Learned counsel for the applicant submits that the Courts below have not appreciated the oral and documentary evidence available on record in right perspective. The applicant is a young girl of 25 years of age. The applicant has already deposited a sum of Rs. 97,500/- out of the

compensation amount of Rs.3,79,000/-. She was on bail during trial and she did not misuse the liberty granted to her, therefore, the execution of the impugned order may be stayed.

Learned Panel Lawyer has opposed the application. Considering the overall facts and circumstances of the case, the period of sentence awarded to the applicant and the fact that she is a young girl aged 25 years, the application is allowed.

It is directed that subject to depositing further amount of Rs.75,000/- (Rupees Seventy Five Thousand only) before the trial Court within 15 days from today in addition to the compensation amount already deposited by the applicant 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 execution of impugned judgment shall remain stayed.

The applicant shall appear before the trial Court concerned on 4.7.2022 and on such other dates as may be fixed by the trial Court during the pendency of this revision.

Accordingly, I.A. No.2072/2022 and I.A. No. 2073/2022 stand

disposed of.

Record of the Courts below be requisitioned. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

PB

Digitally signed by PRADYUMNA BARVE Date: 2022.02.08 18:12:20 +05'30'