Bundel Singh vs Zila Sehkari Krashi Aur Gramin ...
2023 Latest Caselaw 1192 MP

                                                     1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                        ON THE 19 th OF JANUARY, 2023
                                    CRIMINAL REVISION No. 4917 of 2022

               BETWEEN:-
               BUNDEL SINGH S/O SHRI HARIYA JATAV, AGED ABOUT
               35 YEARS, R/O VILLAGE PEEROTHA TEHSIL BADARWAS
               DISTT. SHVIPURI (MADHYA PRADESH)

                                                                                .....PETITIONER
               (BY SHRI RUDRA PRATAP SINGH KAURAV- ADVOCATE FOR THE
               PETITIONER )

               AND
               ZILA SEHKARI KRASHI AUR GRAMIN VIKAS BANK
               SHAKHA KHATORA TEHSIL BADARWAS PARGANA
               KOLARAS ZILA SHIVPURI THROUGH VARISHTHA
               PRABANDHAK ZILA SEHKARI KRASHI AUR GRAMIN
               VIKAS BANK SHAKHA KHATORA TEHSIL BADARWAS
               DISTT. SHIVPURI (MADHYA PRADESH)

                                                                              .....RESPONDENT


                           Th is revision coming on for hearing this day, th e court passed the

               following:
                                                      ORDER

Being aggrieved by the judgment of 7th Additional Sessions Judge, Shivpuri, dated 1.7.2019 in Criminal Appeal No.428/2018 affirming the judgment of the JMFC, Kolaras, Distt. Shivpuri, dated 30.8.2018 in Criminal Case No.1253/2015 convicting the petitioner under Section 138 of the Negotiable Instruments Act and sentencing him to undergo six months simple Signature Not Verified imprisonment and pay compensation of Rs.176,225/-. Signed by: MADHU SOODAN PRASAD Signing time: 20-01-2023 09:51:25 AM Learned counsel for the petitioner/accused submitted that he does not

want to challenge the conviction of the petitioner for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioner that in compliance of the arrest warrant issued by the trial Court, appellant was arrested on 11.12.2022 and since then he is in custody. The petitioner has deposited Rs.1,31,500/- on 3.8.2019 in the Jila Sahkari Krishi Aur Gramin Vikas Bank Maryadit, Shivpuri, and vide receipt No.2858 dated 22.10.2018 he has deposited Rs.44,057/- before the trial Court as well as Rs.1,000/- before the trial Court vide receipt No.103 dated 15.5.2017, copy of the receipts has been placed on record as Ex.P/5 & Ex.P/6. This is a case of cheque bounce and since he has already deposited the amount of compensation and is in custody

since 11.12.2022, his remaining jail sentence may be reduced to the period already undergone by him.

Heard learned counsel for the petitioner and perused the record. Looking to the facts and circumstances of the case that petitioner has already deposited the amount of compensation and he is custody since 11.12.2022, the remaining jail sentence of the petitioner is reduced to the period already undergone by him. He is in jail, he be released forthwith subject to verifying the fact that he has deposited the amount of compensation.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 20-01-2023 09:51:25 AM