Kamal Kishore Arya vs Popular Tech Media (I) Pvt. Ltd. A ...
2022 Latest Caselaw 3698 MP

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           The High Court Of Madhya Pradesh
                     CRR No. 650 of 2022
  (KAMAL KISHORE ARYA Vs POPULAR TECH MEDIA (I) PVT. LTD. A COMPANY REGISTERED UNDER THE
                              PROVISIONS OF COMPANIES ACT)

Jabalpur, Dated : 15-03-2022
      Mr. Prakash Upadhyay, learned counsel for the applicant.

      I.A. No.3330/2022, an application for exemption from surrendering of the
applicant, is hereby dismissed being rendered infructuous as the applicant has
already surrendered before the trial Court.
      Let record of the courts below be requisitioned.

      Heard the revision on admission.
      The revision is admitted for hearing.
      Let notice of this revision be issued to the respondent on payment of

process fee within seven working days by registered post with acknowledgement due as well as by ordinary mode.

Considered I.A.No.3329/2022, an application for suspension of sentence and grant of bail.

B y the impugned judgment dated 12.02.2022 passed in Criminal Appeal No.32/2019 by learned Additional Sessions judge, Bhopal the applicant has been

convicted for offence under section 138 of the Negotiable Instruments Act and sentenced to undergo RI for 6 months and directed to pay compensation of Rs.3,08,601/- under Section 357 (3) of the Cr.P.C. The Court below also imposed cost of Rs.13,500/- under Section 359 of the Cr.P.C. By the aforesaid judgment, the lower appellate Court affirmed the judgment and conviction dated 20.12.2018 imposed upon the applicant by learned JMFC, Bhopal in Criminal Case No.2149/2015.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The impugned judgment has been passed without properly appreciating the oral and documentary evidence available on record. Final disposal of instant revision would take considerable time. Hence, it is prayed that the sentence imposed on the applicant may be suspended.

Considering the over all facts and circumstances of the case; sentence awarded to the applicant; and the fact that final disposal of this revision would take

considerable time, this interlocutory application is allowed.

I t is directed that subject to applicant's further depositing an amount of Rs.1,25,000/- [Rupees One Lac and Twenty Five Thousand only] out of the aforesaid compensation, within fifteen days before the trial Court and on furnishing

a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the applicant - Kamal Kishore Arya shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 25.07.2022 and on all such subsequent dates, as may be fixed in this regard by the said Court during the pendency of this case.

I.A.No.3329/2022 stands disposed of.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

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Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.03.15 05:25:12 -07'00'