Ramesh Sharma vs Dr. A.S. Bhalla
2023 Latest Caselaw 9317 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 2563 of 2023
                                               (RAMESH SHARMA Vs DR. A.S. BHALLA AND OTHERS)

                          Dated : 21-06-2023
                                 Mr. Dinesh Kumar Agrawal, Advocate for the petitioner.

                                 Mr. Purushottam Rai, Advocate for respondent No. 1 - State.

Heard on I.A.No. 10629 of 2023, first application under Section 397(1) read with Section 482 of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

The revision has been preferred by the petitioner under Section 397/401

o f the Cr.P.C. against the impugned judgment dated 12.6.2023 in Cr.A.No.419/2018 passed by Twelfth Additional Sessions Judge, Gwalior affirming the judgment of conviction and sentence dated 04.10.2018 passed in Criminal Case No. 2853/2013 by Judicial Magistrate First Class, Gwalior, whereby petitioner has been convicted and sentenced under Section 138 of Negotiable Instruments Act to undergo rigorous imprisonment of one year with fine of Rs.82,54,750/- with default stipulation.

Learned counsel for the petitioner argued that the Courts below have wro ngly appreciated the evidence and convicted the petitioner. Learned

appellate Court has totally ignored the legal aspect of the case that the company has not been convicted, therefore, the vicarious liability cannot be imposed upon the petitioner, who is a partner in the company. It is further submitted that the petitioner is in custody since the date of judgment i.e. 12.6.2023 and 30% of the total fine amount has already been deposited. Hence, prayed to suspend the jail sentence of the petitioner and release him on bail.

On the other hand, learned counsel for respondent No.1 opposed the Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Jun-23 5:24:03 PM

application and prayed for rejection of the same.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 10629 of 2023) is allowed.

It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court 12.7.2023 and on all other dates which may be given by the Office for his appearance.

Record of the Courts below be called for.

List the case for final hearing on 12.7.2023. T h e appellate Court may release the fine amount deposited by the petitioner in favour of the complainant, if any application is filed, in accordance with law.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Jun-23 5:24:03 PM