Nural Hasan @ Pappu vs Atul Jain
2022 Latest Caselaw 3176 MP

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           The High Court Of Madhya Pradesh
                     CRR No. 702 of 2022
                            (NURAL HASAN @ PAPPU Vs ATUL JAIN)

Gwalior, Dated : 07-03-2022
      Shri Rajeev Shrivastava, learned counsel for the petitioner.

      Shri Ashutosh Awasthi, learned counsel for the respondent.

Heard on I.A.No.3265/2022, an application for suspension of sentence on behalf of the petitioner.

This criminal revision has been filed against the judgment dated 05/12/2019 passed by Fourteenth Additional Sessions Judge, Gwalior (M.P.) i n Criminal

Appeal No.148/2019 affirming the judgment of conviction and sentence dated 24/04/2019 passed by Judicial Magistrate First Class, Gwalior (M.P.) in Criminal Case No.2984/2016, by which the petitioner has been convicted under 138 of Negotiable Instruments Act and has been sentenced to undergo rigorous imprisonment of one year with fine of Rs.4,19,000/- with default stipulation.

It is submitted by learned counsel for the petitioner- Nural Hasan @ Pappu that the petitioner has been wrongly convicted by the appellate Court as well as by the trial Court. It is further submitted that the petitioner is in custody and compromise took place between the parties. It is also submitted that the petitioner

is ready to abide by any condition which may be imposed by this Court. Hence, prays to suspend the jail sentence of the petitioner looking to the short period of jail sentence so as to make available the petitioner before this Court for the verification of factum of compromise.

Learned counsel for the respondent has also stated the same version. Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the rival parties, without commenting on merits of the case, the application (I.A. No. 3265/2022) is allowed and the remaining jail sentence of the petitioner - Nural Hasan @ Pappu is hereby suspended. It is hereby directed that the petitioner shall be released on bail on furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of

the concerned Court. The petitioner is further directed to mark his appearance before the Office of this Court on 09/05/2022 and on subsequent dates given by the Office in this regard, till final disposal of this revision.

As prayed by learned counsel for the parties, list this case on 12/03/2022 in

Lok Adalat for final disposal on the basis of compromise arrived at between the parties.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2022.03.07 17:09:30 +05'30'