Ganpat Singh vs Ramkumar Agnihotri
2023 Latest Caselaw 16626 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRR No. 3854 of 2023
                                                 (GANPAT SINGH Vs RAMKUMAR AGNIHOTRI)

                          Dated : 09-10-2023
                                 Shri Shafiqullah - Advocate for applicant.

                                 Shri J.K. Chourasiya - Advocate for respondent.

Heard on admission.

Admit.

Also heard on I.A. No.20464 of 2023 for suspension of sentence and

grant of bail.

T his revision has been filed against the judgment dated 18.08.2023 passed by Seventh Additional Sessions Judge, Sagar, District Sagar in Criminal Appeal No.97/2022 arising out of judgement dated 29.09.2022 passed in SCNIA No.559/2017 passed by Judicial Magistrate First Class, District- Sagar whereby learned appellate Court below dismissed the appeal filed by applicant and affirmed the order passed by the trial Court wherein the trial Court found applicant guilty for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced him to undergo R.I. for 06 months along with

compensation amount of Rs.3,59,167/- with default stipulations.

Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the complainant's evidence wrongly found the applicant guilty for the aforesaid offence. The applicant is in jail from date of order impugned. He further submits that compromise has arrived at between the parties and an application along with affidavit has been filed vide IA No.24175 of 2023. Hence, prayed for suspension of the jail sentence and release of the applicant on bail, since the final hearing of this revision will take Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 10-Oct-23 10:07:32 AM

time.

Learned counsel for respondent supports the contention made by the applicant with regard to compromise and submits that he has no objection if applicant is released on bail.

Looking to the submissions made as well as compromised arrived at between the parties and this revision of the year 2023 and hearing of this revision will take time, the application i.e. IA No.20464 of 2023 is allowed. It is, therefore, directed that execution of the jail sentence passed against applicant shall remain suspended during the pendency of this revision and he b e released on bail upon furnishing personal bond in the sum of Rs.50,000/-

(Rs.Fifty Thousand only) with one surety in the like amount, to the satisfaction of the trial Court, for his appearance before the trial Court concerned on 20.12.2023 and on such further dates as may be fixed by it in this regard during the pendency of this revision.

In view of the compromise application filed by the parties, parties are directed to appear before Registrar (J-II) for verification of compromise on 16.10.2023.

List the case before this Court on 22.11.2023 along with verification report.

(ROOPESH CHANDRA VARSHNEY) JUDGE DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 10-Oct-23 10:07:32 AM