Girish Ruwala vs Jagdish Ruhela
2023 Latest Caselaw 14218 MP

                                                          1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                             ON THE 29 th OF AUGUST, 2023
                                         CRIMINAL REVISION No. 3734 of 2022

                         BETWEEN:-
                         GIRISH RUWALA S/O MEHTAB SINGH,
                         AGED ABOUT 40 YEARS,
                         OCCUPATION: ADVOCATE
                         R/O CHATHA TEHSIL NARSINGH
                         (MADHYA PRADESH)

                                                                                      .....PETITIONER
                         (SHRI MANISH KUMAR VIJAYWARGIYA - ADVOCATE)

                         AND
                         JAGDISH RUHELA S/O DEVILAL,
                         AGED ABOUT 32 YEARS,
                         OCCUPATION: AGRICULTURIST
                         R/O VILLAGE BOKDI TEHSIL PACHORE (MADHYA
                         PRADESH)

                                                                                   .....RESPONDENTS
                         (SHRI RITU RAJ BHATNAGAR - ADVOCATE)

                               This revision coming on for admission this day, th e court passed the

                         following:
                                                           ORDER

Present revision under Section 397/401 of Cr.P.C has been filed against judgment dated 16.08.2022 passed by First Additional Sessions Judge, Narsingarh in Criminal Appeal No.18/2022 whereby learned Sessions Court partly allowed the appeal and affirmed the judgment of conviction dated 24.12.2021 passed by Judicial Magistrate First Class, Narsingarh, District Rajgarh in CNR No.MP39070000142018 wherein the applicant has been convicted under Section 138 of Negotiable Instruments Act, 1881 and Signature Not Verified Signed by: SUMATHI Signing time: 31-08-

2023 10:24:29

sentenced him to undergo 6 month rigorous imprisonment and compensation of Rs.2,05,125/- in default 6 months R.I.

2. Heard learned counsel for the parties and perused the record.

3. On perusal of the judgment passed by First Appellate Court, it is unfolded that the learned appellate Court has passed sentence for the respondent till the raising of the Court with order to deposit compensation of Rs.2,05125/-, but nothing has been stated regarding in default of payment of compensation amount, hence on this point, the order of appellate Court is perverse and it suffers from infirmity and irregularity.

4. Therefore, this revision petition is allowed to the extent that respondent

is directed to deposit compensation amount within a period of 2 months from today, before the trial Court otherwise he shall suffer default punishment of 1 month S.I.

5. With the aforesaid directions the petition stands disposed of.

6. A copy of this order be sent to the concerned Court for necessary compliance.

7. Certified copy, as per Rules.

(PREM NARAYAN SINGH) JUDGE sumathi

Signature Not Verified Signed by: SUMATHI Signing time: 31-08-

2023 10:24:29