Madhya Pradesh High Court
Hukumchand vs Premnarayan on 5 December, 2023
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 4714 of 2023
(HUKUMCHAND Vs PREMNARAYAN)
Dated : 05-12-2023
Shri Divik Mukati - Advocate for applicant.
Shri Chirag Singh Chouhan - Advocate for respondent.
Records of the Courts below have been received.
Heard on I.A.No.15817/2023, which is an application under Section 5 of
the Limitation Act for condonation of delay.
Delay of 285 days in filing the revision is duly explained in the
application, which is well supported by an affidavit, therefore, application is
allowed and delay in filing the revision is hereby condoned.
Also Heard on the question of admission.
The revision appears to be arguable, therefore, it is admitted for final
hearing.
Heard on I.A.No.15325/2023, which is first application under Section
397 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on
behalf of the applicant Hukumchand.
The applicant has been convicted under Section 138 of Negotiable
Instruments Act, 1881 and sentenced to undergo 06 months RI with
compensation amount of Rs.1,00,000/- along with interest @ 9% per annum for
seven years to the tune of Rs.63,837/- with usual default stipulation.
Learned counsel for the applicant submits that applicant is an innocent
person and he has been falsely implicated in this matter. During the trial
applicant remained on bail and he has not misused the liberty granted to him.
There are material contradictions and omissions in the statement of the
witnesses. After the judgment of the trial Court, applicant has been taken into
custody on 21/09/2022. He has paid the entire amount of compensation to the
respondent and matter has been amicably settled between the parties. Looking
to old pendency of the cases for consideration, final conclusion of this revision
would take sufficient long time. Hence, the execution of the remaining part of
the jail sentence of the applicant be suspended till the final disposal of this
revision.
Per contra, learned counsel for the respondent fairly admits that matter
has been amicably settled between the parties and he has received the entire
amount of compensation. He has no objection, if the application for suspension
of sentence is allowed and applicant is enlarged on bail.
Considering all the facts and circumstances of the case, nature of the
allegation levelled against the applicant and also taking note of the fact that
applicant was on bail during the trial; there is no complaint that he has misused
the liberty granted to him; counsel for the respondent admits that entire amount
of compensation has been received by the complainant; he has no objection
regarding the application for suspension of sentence and final conclusion of the
revision will also take sufficient long time. In view of the aforesaid facts and
circumstances of the case, I find it is to be a fit case to suspend the remaining
custodial sentence of the applicant.
Accordingly, I.A.No.15325/2023 is allowed and it is directed that subject
to furnishing personal bond by the applicant in the sum of Rs.75,000/- (Rupees
Seventy Five Thousand Only) with separate solvent surety in the like amount to
the satisfaction of learned trial Court, the execution of remaining custodial part
of the sentence of the applicant shall remain suspended, till final disposal of this
revision.
The applicant after being enlarged on bail shall mark his presence before
the Registry of this Court on 04/03/2024 and on all such subsequent dates,
which are fixed in this behalf.
At this stage, learned counsel for the parties jointly prayed that since the
matter has been amicably settled between the parties, matter be placed before
the next available Lok Adalat.
At the joint request, Registry is directed to list the matter before the Lok
Adalat on 09/12/2023.
Parties to the litigation are directed to appear before the Lok Adalat. As a
measure of precaution, Registry is also directed to issue a production warrant in
respect of the applicant to secure his presence before the Lok Adalat.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Tej
