Madhya Pradesh High Court
Rajesh Singh Bhadoriya vs Shiv Kumar Sharma on 29 May, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 1909 of 2023
(RAJESH SINGH BHADORIYA Vs SHIV KUMAR SHARMA)
Dated : 29-05-2023
Shri Sunil Kumar Jain- learned counsel for the applicant.
None for respondent.
IA 9178 of 2023, an application for hearing during summer vacation is
taken up, considered and allowed for the reasons mentioned therein.
Heard on I.A. 7928 of 2023 first application under Section 397 CrPC
for suspension of sentence and grant of bail filed on behalf of sole applicant
Rajesh Singh Bhadoriya.
Prosecution case in short is that a private complaint was filed by
respondent complainant under Section 138 of NI Act alleging non-payment of
loan amount to tune of Rs. 2 lac by applicant for which a cheque was issued in
his favour by the applicant and the same was dishonoured due to insufficient of
funds. After recording the evidence of parties as well as documents available on
record, the court of JMFC passed judgment of conviction and order of
sentence vide dated 30-06-2022 convicting applicant for offence under Section
138 of NI Act and sentencing him to undergo six months RI with a direction to
pay Rs.2,65,000/- as compensation to the complainant. Being aggrieved, the
applicant filed an appeal before the lower Appellate Court and same has been
dismissed vide impugned judgment dated 28th April, 2023 passed in Criminal
Appeal No.253 of 2022.
Learned Counsel for the applicant submits that the applicant has been
falsely implicated. The learned Trial Judge as well as well as appellate Court has
not taken into consideration the relevant evidence as well as documents placed
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/30/2023
11:17:15 AM
on record. The impugned judgments are based on presumption and
assumption. It is further submitted that the applicant has already deposited Rs.
53,000/- before the trial Court concerned. The revision is of the year 2023 and
there is no likelihood of early hearing of the revision in near future. On these
grounds, learned counsel prays that execution of the jail sentence of applicant
may be suspended and he may be enlarged on bail.
Upon hearing learned counsel for the applicant, but without commenting
upon rival contentions touching merits of the case, regard being had to the fact
that the revision is of the year 2023 and there is no likelihood of early hearing of
the revision in near future, this Court is of the view that the application deserves
to be allowed. It is, accordingly, directed that execution order of jail sentence of
applicant shall remain suspended during pendency of this revision and he shall
be enlarged on bail subject to furnishing personal bond in the sum of
Rs.50,000/- (Rupees Fifty thousand Only) with one solvent surety in the like
amount to the satisfaction of the Trial Court and also subject to deposit of
Rs.53,000/- (if not already deposited) for appearance before Registry of
this Court on 10.07.2023 and on other subsequent dates as may be fixed by
the Office in this regard during pendency of this revision.
Accordingly, I.A. stands allowed and disposed of.
Registry is directed to inform respondent - complainant regarding
suspension of jail sentence of applicant.
Certified copy as per rules.
(ROHIT ARYA)
V. JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/30/2023
11:17:15 AM
