Khalid Khan vs State Bank Of India Branch ...
2022 Latest Caselaw 12730 MP

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              CRR No. 3539 of 2022
               (KHALID KHAN Vs STATE BANK OF INDIA BRANCH GURUDWARA CHOWK THROUGH RAMESH SINGH
                                                      TOMAR)

              Dated : 22-09-2022
                      Shri Harshit Raghuwanshi, learned counsel for the Petitioner .

                      Shri Akshat Kumar Jain, learned counsel for the Petitioner .
                      Shri Nitin Goyal, learned counsel for the Respondent [R-1].

Heard on I.A. No. 14528/2022, an application under section 5 of Limitation Act.

Reply to the I.A. No. 14528/2022 was filed by the respondent No. 1 vide document No. 7971/2022.

Having considered the submissions made by learned counsel for the rival parties and taking into consideration the facts and circumstances of the case, I.A. No. 14528/2022 is hereby allowed. Delay of 1180 days in filing the instant revision is hereby condoned.

Also heard on the question of admission.

Let record of court below be called for.

Also heard on I.A. No. 14530/2022, which is First application for

suspension of sentence and grant of bail filed on behalf of the petitioner.

This criminal revision has been preferred against the judgment dated 20/03/2019 passed by IV Additional Sessions Judge, District Shivpuri in Criminal Appeal No. 500116/2016, whereby, the petitioner has been convicted under Section 138 of Negotiable Instruments Act and sentenced him to undergo R.I. for Six months with compensation amount of Rs. 65,000/- with Signature Not Verified default stipulation.

Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 23-09-2022 10:16:09 AM Learned counsel for the petitioner argued that the petitioner has falsely

been implicated in the case. It is further argued that learned court below has wrongly convicted the present petitioner as there is nothing on the record to show his involvement in the offence. The present petitioner was on bail during trial and has not misused the liberty so granted. It is further argued that there are omissions and contradictions in the evidence of the prosecution witnesses. It is further submitted that prosecution has not examined any independent witness, but only interested witnesses have been examined. It is further argued that out of total compensation amount of Rs. 65,000/- the petitioner has already deposited Rs. 15,000/- before the learned trial Court . To show his bonafide intention, learned counsel for the petitioner submits that petitioner is ready and

willing to deposit further 60 % of the remaining compensation amount before the trial court. There are fair chances of success of this revision. There is no possibility of hearing of this revision in near future. Under these circumstances, the execution of sentence be suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of the respondent opposes the application for suspension of sentence and grant of bail filed on behalf of the petitioner and prayed for its rejection.

Keeping in view the facts & circumstances of the case, but without commenting on merit of the case, IA No. 14530/2022 is allowed. The execution of remaining jail sentence of petitioner is hereby suspended subject to deposit of further 60 % of the remaining compensation amount before the trial court and furnishes personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of C.J.M. District Shivpuri for his appearance before the CJM on 01.12.2022 and all Signature Not Verified other subsequent dates as may be fixed by the C.J.M. in this regard till final Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 23-09-2022 10:16:09 AM disposal of this revision. The amount so deposited by the petitioner shall not be

disbursed to the respondent without leave of this Court.

In case, the petitioner is found absent on any date fixed by the C.J.M, concerned then the said C.J.M shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

List the case for hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 23-09-2022 10:16:09 AM