Kalka Prasad vs Rajehs Kumar Naik
2023 Latest Caselaw 16391 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRR No. 3591 of 2023
                                                  (KALKA PRASAD Vs RAJEHS KUMAR NAIK)

                           Dated : 05-10-2023
                                 Shri Saurabh Kumar Tiwari - Advocate for the applicant.

                                 Shri R. S. Patel - Advocate for the respondent.

Heard on admission.

Admit.

Also heard on I.A. No.19269/2023, which is the first application for

suspension of the custodial sentence passed against the applicant and releasing him on bail.

T his revision has been filed against the judgment dated 26/07/2023 passed by II Additional Sessions Judge, Niwadi, District Tikamgarh (M.P.) in Criminal Appeal No.30/2021, whereby learned II ASJ affirmed the judgment of conviction dated 09/10/2021 passed by learned JMFC, Niwadi, District Tikamgarh in SCNIA No.2/2016, whereby learned JMFC found the applicant guilty for the offence punishable under Section 138 of the Negotiable Instrument Act and sentenced him to undergo R.I. for one year and directed to pay

compensation of Rs.7,50,000/- to the respondent under Section 357(3) of Cr.P.C. and in default of depositing that amount he shall undergo further 3 months R.I.

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. Even the applicant is ready to deposit half of the compensation amount i.e. Rs.3,75,000/- under protest. The applicant has been in custody since 26/07/2023. Hence, prayed for Signature Not Verified Signed by: ANURAG SONI Signing time: 05-10-2023 17:06:06

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 and the fact that applicant is ready to deposit half of the compensation amount i.e Rs.3,75,000/- under protest, he is in judicial custody since 26/07/2023 and according to listing policy the hearing of this revision will take time, the application is allowed. It is directed that execution of jail sentence alone passed against the applicant shall remain suspended during pendency of this revision and he be released on bail subject to deposit half of the compensation amount i.e. Rs.3,75,000/- and upon his furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five

thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on 18/12/2023 and on all such future dates as may be fixed in this behalf during the pendency of this revision.

List the case for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 05-10-2023 17:06:06