Ramesh Gupta vs Santramdas Rajpal
2023 Latest Caselaw 6711 MP

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                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                               CRR No. 1515 of 2023
                                                           (RAMESH GUPTA Vs SANTRAMDAS RAJPAL)

                                   Dated : 25-04-2023
                                         Shri Vidya Shankar Mishra - Advocate for the applicant.

                                         Heard on I.A. No.7906/2023, which is an application under Section 5 of
                                   Limitation Act for condonation of delay.
                                         As per office note, this revision is barred by 33 days which is not an
                                   inordinate delay. For the reasons stated in the application, which is supported

                                   by an affidavit of the son of the applicant, this Court finds proper reasons have
                                   been assigned and sufficient cause for condonation of delay is made out.
                                   Hence, the aforesaid application is hereby allowed and disposed of, delay in
                                   filing the revision is condoned.
                                         Also heard on I.A.No.7699/2023, which is an application for suspension
                                   of sentence and grant of bail on behalf of applicant.
                                         Vide impugned judgment dated 02.01.2023 passed by the 6th Additional
                                   Sessions Judge, Rewa in Criminal Appeal No.139/2022 the applicant has been
                                   convicted for offence under section 138 of Negotiable Instruments Act and

                                   sentenced to undergo R.I. for 06 months and directed to pay compensation u/s
                                   357(3) of Cr.P.C. of Rs.3,09,500/-.
                                         Learned counsel for the applicant submitted that applicant is innocent and
                                   has been falsely implicated in the crime in question. The applicant was on bail
                                   during trial. It is also submitted that by way of settlement applicant has already
                                   paid Rs.2,50,000/- to the respondent. It is further submitted that applicant is

Signature Not Verified SAN

ready to deposit further amount as may be directed by this Court. Final Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.04.26 11:55:02 IST disposal of this revision would take considerable time. Hence, prayer has been

made to suspend the jail sentence of applicant.

Considering the over all facts and circumstances of the case, the maximum sentence awarded is 06 months, final disposal of this revision would t a k e considerable time, without commenting of merits of the case, the application is allowed subject to further deposit of Rs.50,000/- with the trial Court.

It is directed that subject to depositing the further amount of Rs.50,000/- within 15 days before the trial Court and on furnishing a personal bond in a sum o f Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence

of applicant - Ramesh Gupta shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 12.09.2023 and on such other dates as may be fixed in this regard during pendency of this revision, without fail.

Let notice be issued to the respondent on payment of process fee by RAD mode within seven working days.

Record of the Courts below be requisitioned. List for admission after ensuing summer vacation.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.04.26 11:55:02 IST