Omprakash Bhargava vs Dilip Sharma
2023 Latest Caselaw 17455 MP

Citation : 2023 Latest Caselaw 17455 MP
Judgement Date : 18 October, 2023

Madhya Pradesh High Court

Omprakash Bhargava vs Dilip Sharma on 18 October, 2023

Author: Milind Ramesh Phadke

                                                              1
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                               ON THE 18 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 47020 of 2023

                           BETWEEN:-
                           OMPRAKASH    BHARGAVA    S/O  LATE   SHRI
                           RAMSWAROOP BHARGAVA, AGED ABOUT 66 YEARS,
                           OCCUPATION: BUSINESS 11 SHOPPING COMPLEX
                           KHERAPATI COLONY GWALIOR MP (MADHYA
                           PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI VINEET - ADVOCATE)

                           AND
                           1.    DILIP SHARMA S/O SHRI BHAGWATIPRASAD
                                 SHARM A GANESHPURA MORENA MP (MADHYA
                                 PRADESH)

                           2.    M/S SAMIDHA (BHARAT GAS AGENCY) 1
                                 SHOPPING COMPLEX KHERAPATI COLONY
                                 GWALIOR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (NONE)

                                 This application coming on for hearing this day, the court passed the
                           following:
                                                               ORDER

The present petition under Section 482 of Cr.P.C. has been preferred seeking indulgence of this Court for converting non-bailable warrant into bailable warrant issued against the petitioner in pursuance to the order passed in SCNIA No.642/16 under Section 138 of Negotiable Instrument Act, wherein vide order dated 25.09.2023 the petitioner was convicted under Section 138 of

Signature Not Verified Negotiable Instrument Act for a period of six months' simple imprisonment and Signed by: NEETU SHASHANK Signing time: 10/19/2023 4:50:42 PM

under Section 354(3) of Cr.P.C. was directed to pay a sum of Rs.21,00,000/- alongwith interest 9% apart from that 13,64,856.16/-was also dirrected alongwith Rs.69,000/- towards the Court fees and the litigation expenses of Rs.5000/- in total Rs.35,38,856.16/-. On the date of pronouncement of the order since the petitioner was arrested in another offence under Section 138 of NI Act, he could not mark his presence and accordingly for securing his presence, a criminal case under Section 446 of Cr.P.C. was directed to be registered and after compliance of aforesaid, it was directed that his jail warrant be prepared and he be sent to District Jail, Morena.

Learned counsel for the petitioner submits that due to genuine reason the

petitioner could not remain present before the Court at the time of pronouncement of the order and in that regard he had moved an application under Section 317 of Cr.P.C. and had sought condonation of absence and had further sought a date but the said application was rejected and since he is aggrieved by the impugned order and wants to prefer an appeal against the said order, he may be given an opportunity to approach the trial Court and move an application under Section 389(3) of Cr.P.C. for seeking provisional bail. In support of his contention he has placed reliance in the matter of Sharad Jethalal Salva Vs. State of Gujrat; (2016)Supreme (Gujrat)2177, in the matter of Istadev Projects Pvt. Ltd. Company vs. State of Gujrat, passed in Criminal Application No.1704/2022 vide order dated 21.02.2022 and lastly in the matter of Sandip Eknath Ghadge Vs. State of Gujrat, passed in Criminal Application No.6207/2022 on 04.07.2022 and submitted that the petitioner may be permitted to move appropriate application before the trial Court till then the learned trial Court be directed not to execute non bailable Signature Not Verified Signed by: NEETU SHASHANK Signing time: 10/19/2023 4:50:42 PM

warrant issued against the petitioner.

After hearing learned counsel for the petitioner and perusing the record and the judgment cited, this Court deems it appropriate to dispose of the present petition with the following directions:-

1. The petitioner/accused shall appear before the Judicial Magistrate First Class, Morena and it will be open for him to file an application under Section 389(3) of the Cr.P.C. for provisional bail to enable him to prefer a criminal appeal against the conviction and sentence. If such an application is filed by the present petitioner, then the Magistrate shall pass an appropriate order upon the said application in accordance with law on the very same day.

2. The petitioner/accused is at liberty to prefer the said application within a period of one week from today and if fails to appear, then non-bailable warrant issued by the Judicial Magistrate First Class, Morena shall be executed and the petitioner/accused shall be arrested and sent to jail for serving jail sentence.