Govind vs Smt. Kamlesh
2022 Latest Caselaw 7508 MP

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                                                      CRR No.1894/2022



    HIGH COURT OF MADHYA PRADESH : BENCH AT
                              INDORE
   (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                       CRR No. 1894 of 2022
  (Govind S/o. Babulal Soni V/s. Smt. Kamlesh W/o. Late Ramesh
                           Bhargava.)

Date: 23.05.2022 :
      Ms. Anita Jain, learned counsel for the applicant.
      Heard on the question of admission.
      On payment of P.F. within 3 days, issue notice to the
respondent returnable within four weeks.

Also heard on I.A. No.7096/2022, first application for suspension of the jail sentence.

The applicant has filed the present revision against the judgment dated 13.5.2022 passed by learned 17th Addl. Sessions Judge, Indore in Cr. Appeal No.550/2017 whereby the judgment dated 24.11.2021 passed by Judicial Magistrate, First Class, Indore in SCNIA/5606/2018 convicting the application u/s. 138 of the Negotiable Instruments Act and sentenced to undergo one year RI and to pay the amount of cheque Rs.3,75,000/- with interest @ 9% per annum has been affirmed.

Learned counsel for the applicant submits that the learned lower Courts have not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Imprisonment for one year is on the higher side and disproportionate to the alleged crime. The applicant has already deposited Rs.75,000/- before the trial Court and he is ready to deposit the remaining amount. The revision is likely to take a

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CRR No.1894/2022

considerable time for its final hearing and if his custodial sentence is not suspended, the application may be rendered infructuous. She, therefore, prayed that the custodial sentence of the applicant be suspended and he be released on bail.

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the applicant with condition.

Accordingly, I.A. No.7096/2022 is allowed and it is directed that subject to deposit of remaining amount of cheque in question, with the trial Court and on furnishing personal bond by the applicant in the sum of Rs.30,000/- (Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the applicant shall remain suspended till final disposal of this revision.

The applicant after being enlarged on bail shall mark his presence before the Registry of this Court on 12.12.2022 and on all such subsequent dates, which are fixed in this behalf.

Record of courts below be requisitioned and after service of notice on respondent, list the matter for admission.

C.C. as per rules.

( VIVEK RUSIA ) V. JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2022.05.23 18:41:41 +05'30'