Manvendra Singh Bhadrasen vs Rajesh Sen
2022 Latest Caselaw 7857 MP

                                                                          1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                       BEFORE
                                                      HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                                  ON THE 15th OF JUNE, 2022

                                                      MISC. CRIMINAL CASE No. 49542 of 2020

                                               Between:-
                                               MANVENDRA SINGH BHADRASEN S/O SHRI
                                               AROUN KUMAR , AGED ABOUT 45 YEARS,
                                               OCCUPATION: TEACHER F-2, ASHOKA STATE,
                                               ASHOKA GARDEN NEAR APSARA TALKIES,
                                               RAISEN ROAD BHOPAL (MADHYA PRADESH)

                                                                                                        .....APPLICANT
                                               (BY SHRI R.N. DWIVEDI, ADVOCATE)

                                               AND

                                               RAJESH SEN S/O DAULATRAM SINGH SEN,
                                               AGED ABOUT 38 YEARS, HOUSE NO. 1387,
                                               KRISHNA   NAGAR,   COLONY   CHHOLA,
                                               BHOPAL(MADHYA PRADESH)

                                                                                                      .....RESPONDENT
                                               (BY SHRI ASHISH KUMAR KURMI, ADVOCATE )

                                             This application coming on for admission this day, the court passed the
                                       following:
                                                                           ORDER

Heard.

It appears from the record that respondent Rajesh Sen filed a private complaint under Section 138 of the Negotiable Instruments Act. On that complaint, RCT no.7223/2018 was registered against applicant Manvendra Singh and after trial of the case, learned Judicial Magistrate First Class, Bhopal found applicant guilty for the aforesaid offence and sentenced him to undergo Signature Not Verified SAN

simple imprisonment for six months and also directed him to deposit the Digitally signed by MONIKA CHOURASIA Date: 2022.06.15 17:04:27 IST compensation amount of Rs.1,19,500/-. Against that judgment, the appellant

filed Criminal Appeal no. 113/2020 which is pending before IVth ASJ, Bhopal. During pendency of that appeal, learned IVth ASJ Bhopal, vide order dated 25/11/2020 suspended the sentence of the appellant on the condition that the appellant will deposit Rs.30,000/- out of the compensation amount within 30 days from the date of the order, but the appellant failed to deposit that amount in a stipulated period, so he filed an application to extend the period that application was dismissed by the IVth ASJ, Bhopal vide order dated 25/11/2020. Being aggrieved from that order, applicant filed this petition.

Learned counsel for the applicant submitted that due to Corona Pandemic and lock down the applicant could not deposit the compensation

amount within time. He is ready to deposit the amount so, the time be extended.

Learned counsel for the respondent submitted that if this Court granted time to the applicant to deposit the compensation amount he has no objection.

Looking to the facts and circumstance of the case, the petition is allowed and the time given by the IVth ASJ, Bhopal to deposit the compensation amount i.e. 30,000/- is extended and it is directed that the applicant is permitted to deposit that amount with 15 days from today.

However, the remaining terms and conditions mentioned in the said order shall remain same.

It is made clear that if the applicant is not deposited the compensation amount within stipulated period, the learned trial Court is free to take necessary step against the applicant.

Signature Not Verified Accordingly, the petition is disposed off. SAN

C.C. as per rules.

Digitally signed by MONIKA CHOURASIA Date: 2022.06.15 17:04:27 IST

(RAJEEV KUMAR DUBEY) JUDGE m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2022.06.15 17:04:27 IST