Hemant Rathore vs State Of M.P.
2023 Latest Caselaw 10493 MP

                                                            1
                             IN    THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 10 th OF JULY, 2023
                                            CRIMINAL REVISION No. 164 of 2012

                            BETWEEN:-
                            HEMANT RATHORE S/O MURARILAL RATHORE, AGED
                            ABOUT 24 YEARS, OCCUPATION: PRIVATE SERVICE
                            KAITH WALI GALI, HARINIRMAL TALKIES KE PICHHE,
                            LASHKAR, GWALIOR (MADHYA PRADESH)

                                                                                       .....PETITIONER
                            (BY SHRI S.N.DUBEY - ADVOCATE)

                            AND
                            1.    STATE OF M.P. GOVT. (MADHYA PRADESH)

                            2.    RAJESH JAIN S/O MUNNA LAL JAIN, AGED ABOUT
                                  39   YEARS, OCCUPATION: SHOPKEEPER R/O
                                  NAKKASA NO.1, DANAOLI, LASHKAR, GWALIRO
                                  (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                            (BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER FOR THE STATE)

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

                            following:
                                                             ORDER

The petitioner has preferred this revision under Section 397 read with Section 401 of CrPC challenging the judgment dated 23.02.2012 passed by Tenth Additional Sessions Judge, Gwalior in Criminal Appeal No.10 of 2012 confirming the judgment dated 09-12-2011 passed by JMFC, Gwalior in Criminal Case No.9780 of 2010 whereby the petitioner has been convicted under Section 138 of NI Act and sentenced to six months simple imprisonment

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/11/2023 5:39:36 PM

with a direction to pay compensation to respondent No.2 complainant to the tune of Rs.58,000/- under Section 357(3) of CrPC.

Perused impugned judgment as well as record. Since occurrence has taken place in the year 2010, the petitioner has suffered sufficient jail incarceration as well as the ordeal of trial and petitioner was on bail during trial and he had never misused the liberty granted to him, half of the awarded amount has already been deposited by the petitioner, therefore, sentence awarded to the petitioner for the aforesaid offence is reduced to the period already undergone by him on depositing the remaining amount of compensation as awarded by the trial Court.

The aforesaid direction of undergone shall be applicable only in condition of depositing the remaining amount i.e. Rs. 29,000/- before the trial Court. The remaining amount of compensaiton, if any, deposited by petitioner shall be adjusted in the enhance amount. Two months' time from the date of receipt of certified copy of this order is hereby granted to the petitioner to deposit the aforesaid amount of compensation and the same shall be payable to complainant(s) by way of compensation, failing which petitioner shall undergo further one month additional imprisonment. Petitioner is on bail, his bail bond stands discharged.

Let a copy of this order along with record of trial Court be sent back forthwith.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/11/2023 5:39:36 PM