Citation : 2022 Latest Caselaw 1205 MP
Judgement Date : 25 January, 2022
1
The High Court Of Madhya Pradesh
CRR No. 519 of 2016
(DINESH SONI Vs AJAY SHARMA)
Gwalior, Dated : 25-01-2022
Heard through Video Conferencing.
None for the petitioner.
Shri Pratip Visoriya, Advocate for the respondent.
On last dates also nobody appeared on behalf of the petitioner/convict. Last opportunity was granted to the petitioner/convict by this Court vide order dated 27/07/2021 to make his submission on I.A. No. 21203/2021.
Today also none is present on behalf of the petitioner. Learned counsel for the respondent /complainant submits that he has filed I.A. No. 21203/2021, an application for releasing the amount of fine/compensation deposited by the petitioner /convict before the trial court. He further submits that petitioner /convict has been convicted by the trial court. His appeal has also been dismissed by the appellate Court. Being aggrieved by both the judgments passed by the courts below, the instant civil revision has been preferred before this Court only to delay the cause of justice. He further submits that he has been deprived of his legitimate amount which should be released in his favour.
Taking into consideration the above submissions, which stand fortified by the
record, I.A. No. 21203/2021 is allowed. It is directed that the amount so deposited by the petitioner/convict with the trial court shall be released in favour of the respondent/complainant - Ajay Sharma within one month from today on furnishing by him an undertaking to the effect that he shall deposit back the amount so received by him, in case, the petitioner/convict succeeds in the instant civil revision.
In case of non-appearance on behalf of the petitioner/convict before this Court on the next date fixed for his presence, the instant revision shall be proceeded further in his absence.
(SATISH KUMAR SHARMA) JUDGE Durgekar
SANJAY NAMDEORAO DURGEKAR 2022.01.25 17:51:18 +05'30'
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