Rajesh Agrawal vs Aniratan Indurakhya
2023 Latest Caselaw 21852 MP

Madhya Pradesh High Court

Rajesh Agrawal vs Aniratan Indurakhya on 19 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRR No. 4026 of 2023
                                                 (RAJESH AGRAWAL Vs ANIRATAN INDURAKHYA)

                           Dated : 19-12-2023
                                 Shri Vishal Kumar Namdeo - Advocate for applicant.

                                 Ms. Kritika Indurkhya - Advocate for respondent No.1.

                                 Reserved on                       : 14.12.2023.
                                 Pronounced on                     : 19.12.2023.

                                 Heard learned counsel for the applicants at length.

                                 Judgment and record of the Court below perused.
                                                           ORDER

Record of the Courts below has been received.

Heard on the question of admission.

This revision is admitted for final hearing. Also heard on I.A. No.21191/2023, which is first application filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Section 138 of NI Act and sentenced to undergo RI for six months and fine of Rs.2,00,000/-

with default stipulation.

Learned counsel for the applicant has submitted that the both the Courts below have not properly appreciated the oral and documentary evidence available on record and committed error in convicting the applicants for the aforesaid offence. The maximum sentence awarded to the applicant is six months. The applicant is in custody and disposal of this case would take considerable time, therefore, custodial sentence of the applicant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the application This application for suspension of sentence has been argued on the ground that the Courts below has failed to appreciate the evidence in correct perspective, there were total five cases pending against the applicant and in all of them the complainants were different, still common evidence was recorded before the trial Court. The applicant has already deposited 20% of the compensation amount before the learned appellate Court. He was on bail and he never misused his liberty.

The arguments of both the parties and the record of both the Courts below have been examined.

It has been admitted by applicant that the questioned cheque was issued against the security. For this, he examined himself as a witness but his testimony has failed to prove that the cheque in question was issued only as a collateral security and was not supposed to be honored against any legal obligation. The Courts below have raised the legal presumption against the applicant on the basis of the facts which are available in his own testimony as well as in his examination under Section 313 Cr.P.C and this presumption could not have been rebutted by the applicant.

Having considered the legal aspects and also the fact available on record supported with evidence, this Court finds no substantial reason to allow the application for suspension of sentence.

Accordingly, the I.A. under consideration is dismissed.

(ANURADHA SHUKLA) JUDGE

DevS