Pramod Kumar Jain vs Prakash Chandra Jain
2023 Latest Caselaw 21976 MP

Madhya Pradesh High Court

Pramod Kumar Jain vs Prakash Chandra Jain on 20 December, 2023

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRR No. 80 of 2023
                                               (PRAMOD KUMAR JAIN Vs PRAKASH CHANDRA JAIN)

                           Dated : 20-12-2023
                                 Shri Vijay Shrivastava - Advocate for applicant.

                                 In compliance of non-bailable warrant issued against the applicant, he has
                           been produced before this Court from Central Jail, Jabalpur. Let he be sent
                           back to the same jail by same escort.
                                 On payment of process fee within seven working days, notice be issued

                           to the respondent. Notice be made returnable within four weeks.

Also heard on I.A. No. 387/2023, which is the first application under Section 389(1) of the Cr.P.C. for suspension of the custodial sentence passed against the applicant and release him on bail.

T his revision has been filed against the judgment dated 17/11/2022 passed by X Additional Sessions Judge, Jabalpur (M.P.) in Criminal Appeal No.185/2019, whereby learned ASJ affirmed the judgment of conviction dated 29/06/2019 passed by learned JMFC, Jabalpur in complaint case SCNIA No. 7824/2014, whereby learned JMFC found the applicant guilty for the offence

punishable under Section 138 of the Negotiable Instrument Act and directed the applicant to pay the cheque amount alongwith interest @ 7% per annum from the date of dishonour of cheque within a one month with default stipulation.

Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the evidence properly, wrongly found the applicant guilty for the aforesaid offence. The applicant is in custody. He is ready to deposit half of the compensation amount. Hence, prayed for suspension of the jail sentence and release the applicant on bail, since the

hearing of this revision will take time.

Looking to the facts and circumstances of the case, the fact that applicant is in judicial custody and according to listing policy the hearing of this revision will take time, the application is allowed. It is directed that the execution of the jail sentence passed against the applicant shall remain suspended during pendency of this revision and he be released on bail subject to depositing 50% of the compensation amount (amount if already deposited by applicant shall be adjusted) and on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with a solvent surety in the lik e amount to the satisfaction of the trial Court for his appearance before the concerned trial

Court on 04/03/2024 and on such further dates as may be fixed in this behalf during the pendency of this appeal.

List after four weeks.

Certified copy as per rules.

(PRAMOD KUMAR AGRAWAL) JUDGE

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