Madhya Pradesh High Court
Pramod Kumar Jain vs Prakash Chandra Jain on 21 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 82 of 2023
(PRAMOD KUMAR JAIN Vs PRAKASH CHANDRA JAIN)
Dated : 21-12-2023
Shri Chandrabhan Singh - Proxy counsel on behalf of Shri V.K.
Shrivastava - Advocate for the applicant.
Learned counsel for the applicant seeks further time to comply with the
order dated 31/01/2023.
Seven working days time is granted to comply with the order dated
31/01/2023, thereafter, office to issue notice to the respondent.
Heard on I.A. No.29872/2023, which is the second application under
Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail.
Earlier application for suspension of sentence and grant of bail was
dismissed as not maintainable vide order dated 17/01/2023.
T his revision has been filed against the judgment dated 17/11/2022
passed by X Additional Sessions Judge, Jabalpur in Cr.A.No.184/2019,
whereby learned ASJ affirmed the judgment dated 29/06/2019 passed by
Judicial Magistrate, First Class, Jabalpur in SCNIA No.11985/2014, whereby
learned JMFC found the applicant guilty for the offences 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. Learned counsel further
submitted that as the applicant could not pay the compensation amount within
stipulated time, therefore, in compliance of arrest warrant, applicant has been
arrested on 06/12/2023 and since then the applicant is in custody. He is ready to
deposit half of the compensation amount. Hence, prayed for suspension of 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.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
as
