Rajendra Singh vs Rakesh Kumar Yadav
2023 Latest Caselaw 6117 MP

                                                                     1

                                    IN     THE      HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                             BEFORE
                                             HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                         ON THE 17 th OF APRIL, 2023
                                                    CRIMINAL REVISION No. 366 of 2015

                                   BETWEEN:-
                                   RAJENDRA SINGH S/O AJAY SINGH, AGED ABOUT 30
                                   YE A R S , VILLAGE KUNDLASA, P.S. TALEN, DISTT.
                                   RAJGARH (MADHYA PRADESH)

                                                                                                 .....PETITIONER
                                   (BY SHRI K.P.SINGH,ADVOCATE)

                                   AND
                                   RAKESH KUMAR YADAV S/O RAMCHANDRA YADAV,
                                   AGED ABOUT 32 YEARS, TALEN, P.S. TALEN, DISTT.
                                   RAJGARH (BIAORA) (MADHYA PRADESH)

                                                                                               .....RESPONDENT
                                   (BY SHRI BHARAT YADAV-ADVOCATE )

                                         With the consent of parties the matter is heard finally, the court passed
                                   the following:
                                                                      ORDER

The present revision is filed under section 397 & 401 of Cr.P.C. being aggrieved by the judgment dated 18.3.2015 passed by ASJ, Sarangpur, district Rajgarh (Biaora) in Appeal No. 75/2014 arising out of the judgment passed by Additional JMFC, Class-I, Sarangpur on 14.2.2014 in private complaint case No.156/2013 whereby the applicant has been convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo 1 year RI and compensation of Rs.1,40,700/-.

This Court by order dated 14.09.2015 had granted 15 days time to Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 18-Apr-23 12:08:54 PM

deposit Rs.50,000/-. The said amount has been deposited and the same was permitted to be withdrawn by the non-applicant on furnishing a personal bond and solvent suety of the like amount by order dated 6.1.2016.

Counsel for the parties submit that complaint was filed in the year 2013. The applicant is ready to deposit the balance amount of Rs.90,700/- within a period of 3 months from today and the same be permitted to be withdrawn by the non-applicant. It is further submitted that applicant has undergone jail sentence of about 15 days out of one year. It is prayed that jail sentence may be reduced to the period already undergone by the applicant.

Counsel for the respondent has no objection if the applicant deposits the

balance amount of Rs.90,500/- within the aforesaid period and the respondent is permitted to withdraw the said amount.

After hearing learned counsel for the parties and taking into consideration that complaint was filed in the year 2013 and applicant was on bail during trial, appeal and revision and no purpose would be served in sending the applicant in jail, the present revision petition is allowed in part.

The jail sentence of the applicant is reduced to the period already undergone and the balance amount of Rs.90,700/- shall be deposited within 3 months from today. The said amount shall be permitted to be withdrawn by the respondent. This order is subject to deposit balance amount of Rs.90,700/- within 3 months from today and if the applicant fails to deposit the said amount within the aforesaid period, he shall undergo the remaining jail sentence as per order passed by the appellate court. The bail bond of the applicant shall be discharged after deposit of remaining compensation by the applicant.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 18-Apr-23 12:08:54 PM

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 18-Apr-23 12:08:54 PM