Sachin vs Akash
2023 Latest Caselaw 16474 MP

                                                             1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                              ON THE 6 th OF OCTOBER, 2023
                                          CRIMINAL REVISION No. 3789 of 2022

                          BETWEEN:-
                          SACHIN S/O RAMESH GUPTA, AGED ABOUT 40 YEARS,
                          OCCUPATION: BUSINESS R/O GUPTA AUTO PARTS
                          COURT KE PASS, ALIRAJPUR ROAD, KUKSHI DISTT
                          DHAR (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (SHRI AMIT KUMAR AGNIHOTRI- ADVOCATE)

                          AND
                          AKASH S/O LATE MANOHAR SINGH THAKUR, AGED
                          ABOUT 34 YEARS, OCCUPATION: BUSINESS AND
                          COLONISER R/O WARD NO. 12 KALIKA MATA MANDIR
                          ROAD BHARUD MOHALLA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (NONE FOR APPEARED ON BEHALF OF RESPONDENT- NOTICE HAS
                          BEEN SERVED.)

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

With consent of parties heard finally.

2. This criminal revision under Section 397 and 401 of Cr.P.C. has been filed b y t h e petitioners being aggrieved by the judgment dated 04.06.2022 passed by the learned Judicial Magistrate First Class, Barwani, District Barwani in SCNIA No.05/2019 whereby the petitioner has been convicted for offence under Section 138 Negotiable Instrument Act and sentenced to undergo 01 year of R.I and under Section 357(3) of the Cr.P.C with fine of Rs.1,50,000/- with Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 10/7/2023 6:09:06 PM

interest, court fee and other expenses total amounting to Rs.2,50,000/- be paid within 30 days from the date of order and 03 months of R.I in case default in payment by the applicant.

3. The petitioner preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioners did not press this revision on merit and nor assail the finding as well as to the conviction part of judgment. Learned Counsel confines his argument on the point of sentence only and prays that since the petitioners have already undergone more than 25 days in jail incarceration. He also states that the petitioner has deposited the whole compensation amount of Rs.2,50,000/- before the learned trial Court.

Hence, prayed that the sentence of the applicant be reduced to the period already undergone.

4. No one appeared on behalf of respondent, even after serving the notice.

5. In view of the aforesaid statement the matter has been considered. The finding of the learned trial Court is well versed on reliable evidence of complainant and documentary proofs. The statement of complainant has not been reverted in cross-examination. Hence, the finding of the learned trial Court as well as the First Appellate Court regarding conviction of appellant is hereby affirmed. So far as the sentencing part is concerned it emerges that the applicant has already deposited the whole compensation amount awarded by learned trial Court as well as by the First Appellate Court and he has already suffered 25 days of jail incarceration period. At this stage, it would not be propitious to sent the applicant for suffering further remaining part of the jail sentence.

4. In view of the aforesaid, derivation in entirety the criminal revision is liable to be and is hereby, partly allowed to the extent that the sentence of the Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 10/7/2023 6:09:06 PM

petitioner is reduced to the period already undergone.

Accordingly, this Criminal Revision stands disposed of. Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE akanksha

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 10/7/2023 6:09:06 PM