Karan Singh Rai vs Shriram Transport Finance Company ...
2023 Latest Caselaw 22117 MP

Madhya Pradesh High Court

Karan Singh Rai vs Shriram Transport Finance Company ... on 21 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRR No. 5824 of 2023
                                  (KARAN SINGH RAI Vs SHRIRAM TRANSPORT FINANCE COMPANY LIMITED BRANCH)

                           Dated : 21-12-2023
                                  Shri B.J.Chourasia - Advocate for the applicant.

                                  Respondent not yet call.

Heard on I.A.No.29343/2023 application for condonation of delay in filing the revision.

F o r the reason mentioned in the application, though opposed by the

respondent, I.A.No.29343/2023 is allowed and delay of 441 days in filing the revision is condoned.

Let record of the Courts below be requisitioned. Issue notice to respondent on payment of process fee within seven working days, notice be mad returnable within four weeks Further heard on I.A. No.29341/2023, which is the first application 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 27.06.2022

passed in CRA No.46/2021 by Sixth ASJ, District Chhatarpur arising out of judgment dated 27.09.2021 in SCNIA No.130/2018 by JMFC, District Chhatarpur whereby the applicant has been convicted under Section 138 of the NI Act and sentenced to undergo RI for 6 months and fine/compensation Rs.2,90,000/- 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 (I.A. No.29341/2023) is allowed.

It is directed that the execution of the jail sentence passed against the applicant-Karan Singh Rai shall remain suspended during pendency of this revision and he be released on bail subject to depositing 50% of the compensation amount (amount if any 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 like 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 the case after four weeks.

(ROOPESH CHANDRA VARSHNEY) JUDGE

sm