Siddhanath Yadav vs Mahindra And Mahindra Financial ...
2023 Latest Caselaw 17406 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRR No. 4185 of 2023
                                (SIDDHANATH YADAV Vs MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED)

                          Dated : 17-10-2023
                                 Shri Sanjay Kumar Kushwaha - Advocate for applicant.

                                 None for respondent despite service of notice.

Let record of the Courts below be called for. Also heard on I.A. No.21980 of 2023 for suspension of sentence and grant of bail.

T his revision has been filed against the judgment dated 01.09.2023 passed by Sixth Additional Sessions Judge, Rewa, District Rewa in Criminal Appeal No.94/2023 arising out of judgement dated 24.05.2023 passed in SCNIA No.3903333/2013 passed by Judicial Magistrate First Class, District- Rewa whereby learned appellate Court below dismissed the appeal filed by the appellant and affirmed the order passed by the trial Court wherein the trial Court found the appellant guilty for the offence punishable under Section 138 of Negotiable Instrument Act and sentenced him to undergo S.I. for 6 months with compensation of Rs.7,50,600/- 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 custody. Hence, prayed for suspension of the jail sentence and release of the applicant on bail, since the final hearing of this revision will take time.

Looking to the facts and circumstances of the case, contention of learned counsel for the applicant and the fact that applicant is in judicial custody, this revision of the year 2023 and hearing of this revision will take time, the Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 18-Oct-23 10:44:36 AM

application i.e. IA No.21980 of 2023 is allowed. It is, therefore, directed that execution of the jail sentence passed against applicant Siddhanath Yadav shall remain suspended during the pendency of this revision subject to depositing 50% of the total compensation amount within two months from the date of his release, and he be 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.

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

(ROOPESH CHANDRA VARSHNEY) JUDGE DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 18-Oct-23 10:44:36 AM