Suresh Prasad Gaur vs Gagan Bihari Yadav
2023 Latest Caselaw 17104 MP

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRR No. 3364 of 2023
                                                  (SURESH PRASAD GAUR Vs GAGAN BIHARI YADAV)

                           Dated : 13-10-2023
                                  Shri J. L. Soni - Advocate for applicant.

                                  Shri L. C. Chourasiya - Advocate for respondent.

                                  Reserved on              :      11.10.2023
                                  Pronounced on            :      13.10.2023

                                  Arguments of counsel for the parties are heard at length.

                                  Judgment and record of the Court below perused.
                                                         ORDER

Heard on the question of admission.

The revision being arguable is admitted for final hearing. Also Heard on I.A. No.18230/2023, which is first application filed under section 389(1) of Cr.P.C. on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the appellate Court for an offence punishable under Section 138 of Negotiable Instrument and sentenced to

undergo S.I. for 6 months with compensation of Rs.5,07500/-, with default stipulation.

Learned counsel for the applicant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. The maximum jail sentence awarded to the applicant is of 6 months. The applicant is in custody and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail.

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/16/2023 4:27:17 PM

Counsel of respondent has opposed the prayer for suspension of sentence and prayed for its rejection.

Heard learned counsel for the parties, perused the records and the judgments of the Courts below.

In this case, the applicant has been convicted for the offence of Section 138 of Negotiable Instruments Act by both the Courts below. He has prayed for suspension of sentence and the ground raised are that respondent/complainant has misused the cheque given by the applicant to another person. For this, applicant has produced oral as well as documentary evidence in his defence, but he has admitted the fact that the cheque under

question was issued and signed by him and the presumption under Section 139 of Negotiable Instrument Act was duly drawn by the learned appellate Court in paragraph No.11 of the judgment.

It has been admitted by the applicant that he did not make any payment to the respondent/complainant under that cheque and he has also admitted in paragraph No.12 of his cross-examination that he had taken the loan amount from complainant for his personal needs.

In the light of these facts, no grounds for suspension of sentence is made out.

Accordingly, I. A. No.18230/2023 is hereby dismissed.

(ANURADHA SHUKLA) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/16/2023 4:27:17 PM