Jitendra Sharma vs Jitendra Tyagi
2022 Latest Caselaw 13359 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                           CRR No. 3709 of 2022
                        (JITENDRA SHARMA Vs JITENDRA TYAGI)

Dated : 11-10-2022
      Shri Anurag Sharma, learned counsel for the petitioner.

      Shri Umesh Sharma, learned counsel for the respondent/complainant.

This Criminal Revision under Section 397 read with Section 401 Cr.P.C. arises out of the order dated 14.09.2022 passed by the XV Additional Sessions Judge, District Gwalior (M.P.) in Criminal Appeal No.223/2022 confirming the judgment of conviction and order of sentence dated 29.04.2022 passed by

Judicial Magistrate First Class, Gwalior in Criminal Case No.742/2018.

Petitioner stood convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo one year's rigorous imprisonment with further direction to pay the compensation amount of Rs.14,27,250/- to the complainant under Section 357(3) Cr.P.C.

As on date, the petitioner has suffered incarceration since 14.09.2022. During the course of arguments, it has transpired that the parties have compromised as the learned counsel for the complainant/respondent Shri Umesh Sharma endorses the same. However, for verification of the factum of

compromise, let both the parties remain present before this Court on the next date of hearing.

Meanwhile, the jail sentence awarded to the petitioner shall remain suspended on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court. He is directed to appear before the Registry of this Court first on 10/11/2022 and on other subsequent dates as may be fixed

in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing petitioner, his medical examination be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the petitioner shall be released on bail in terms of the conditions imposed in this order;

(ii) in case of violation of conditions, State is free to apply for cancellation of bail.

IA No.15030/2022 stands accordingly disposed of and closed.

List this case for further orders on 10.11.2022. At this stage, learned counsel for the complainant submits that the amount of Rs.2,85,450/- deposited in the trial court by the petitioner vide Receipt No.2371 dated 24.08.2022 (Placed on record) may be ordered to be released in favour of the complainant.

Learned counsel for the petitioner has no objection. In view of the aforesaid, the complainant is at liberty to file an appropriate application for release of Rs.2,85,450/- deposited in the trial court.

(ROHIT ARYA) JUDGE

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PAWAN DHARKAR 2022.10.11 18:10:48 +05'30'