Vinod Kumar Khampariya vs Anand Kumar
2022 Latest Caselaw 814 MP

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                                                                                                                CRR No.29-2022

                                                     HIGH COURT OF MADHYA PRADESH : JABALPUR

                                                                 Criminal Revision No.29/2022
                                                      [Vinod Kumar Khampariya vs. Anand Kumar & another]

                                        Jabalpur, dated : 18-01-2022

                                                Heard through Video Conferencing.

                                                Shri Vinod Shankar Pandey, counsel for the petitioner.

                                                Heard on admission.
                                                Revision appears to be arguable, therefore, admitted for hearing.

                                                Shri Satish Kumar Dubey, learned counsel accept notice for the respondent

No.1.

Issue notice to respondent No.2 on payment of process fee on both counts

within seven days.

Heard on I.A. No.107/2022 which is an application under Section 389(1) of CrPC for suspension of sentence of the petitioner.

2. By way of present revision under Section 397/401 of CrPC, the petitioner has challenged the judgment and order dated 27.11.2016 passed by the J.M.F.C., Katni, District-Katni in Criminal Case No.1112/2012 and affirmed by III rd Additional Sessions Judge, Katni (M.P.) vide judgment dated 25.09.2021 delivered in Criminal Appeal No.2700160/2016. Vide said judgment, the petitioner has been convicted and sentenced as under :

                                             Conviction under Section                         Sentence
                                              138 of the Negotiable      undergo R.I. for       fine of       indefault- RI
                                              Instruments Act, 1881          1 year          Rs.5,50,000/-     for 1 month

3. It is argued by the counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. He is 70 years old retired Government teacher and suffering from old age related dieases. Keeping him in custody for a long may fatal to his life. He belongs to a very poor family and is not in a position to deposit entire fine amount/compensation amount; at the most, he is ready to deposit Rs.2,00,000/-. The matter pertaining to the cheque issued in the year 2011. The hearing of the petition will take time. He is ready to furnish adequate surety and to abide by all the terms and conditions as may be imposed by the Court, therefore, custodial sentence of the petitioner be suspended. Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.01.19 12:09:47 IST

CRR No.29-2022

4. Shri Satish Kumar Dubey, learned counsel submitted that he has yet to file vakalatnama on behalf of respondent No.1, but he has expressed objection stating that since 2011, the petitioner is avoiding lawful payment. Two Courts have already considered and appreciated the evidence. There is no scope of the petitioner to succeed in the present petition, therefore, custodial sentence of the petitioner may not be suspended.

5. I have heard the submission of learned counsel for the parties.

6. Having regard to the allegation made against the petitioner, the evidence available on record and other facts and circumstances of the case, I deem it appropriate to suspend the sentence of the petitioner, therefore, without discussing the merits in detail, I.A.No.107/2022 is allowed.

7. It is directed that on deposit of entire fine amount/compensation awarded by the trial Court, if not already deposited and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for appearance of the petitioner before the Trial Court on 23.03.2022 and on subsequent dates as may be fixed by the trial Court, the execution of substantial jail sentence imposed on the petitioner namely Vinod Kumar Khampariya shall remain suspended, till final disposal of this revision.

8. In the event of non-appearance of the petitioner, the trial Court shall be at liberty to take coercive steps against him to secure his presence under the intimation of this Court.

9. The learned Trial Court shall keep the amount so deposited by the petitioner in a Fixed Deposit with any Nationalized Bank for the period which can fetch maximum interest with further auto renew option, if available or it be further renewed as and when required. Disbursement of the amount so deposited by the petitioner shall be subject to the order of the Trial Court.

10. Let the revision be listed for final hearing in due course.

(Virender Singh) Judge @shish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.01.19 12:09:47 IST