Rameshchandra vs Jila Antyavasayi Sahkari Vikas ...
2023 Latest Caselaw 18003 MP

                                                                1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                         BEFORE
                                             HON'BLE SHRI JUSTICE ANIL VERMA
                                                 ON THE 30 th OF OCTOBER, 2023
                                             CRIMINAL REVISION No. 2460 of 2018

                           BETWEEN:-
                           RAMESHCHANDRA S/O     PANNALAL VERMA R/O
                           VILLAGE KHANARPURA, POST SANDAWTA TEH.
                           SARANGPUR (MADHYA PRADESH)

                                                                                             .....PETITIONER
                           ( BY SHRI NILESH AGRAWAL- ADVOCATE )

                           AND
                           JILA ANTYAVASAYI   SAHKARI   VIKAS   SAMITI
                           MARYADIT EXECUTIVE OFFICER RAJGARH (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENTS
                           ( NONE FOR THE RESPONDENT )

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

This criminal revision under Section 397 of Cr.P.C. has been filed by the

petitioner being aggrieved by impugned judgment dated 17/01/2018 passed by the Additional Sessions Judge, Rajgarh (Biora) in Criminal Appeal No.262/2015 whereby the judgment dated 14/07/2015 passed by the Judicial Magistrate First Class, Rajgarh in Criminal Case No. 394/2012 by which, the petitioner has been convicted under sections 138 of Negotiable Instruments Act and sentenced to undergo one year months R.I with compensation of Rs. 73051/- with usual default stipulation, has been upheld.

Signature Not Verified 2/ The prosecution story in brief is that the petitioner had obtained loan Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 31-10-2023 11:11:02

of Rs. 1 lac from the respondent/complainant and for its repay, the petitioner gave a cheque no. 0103055 dated 04/11/2020 for Rs. 57,182/- drawn on Execution Officer towards discharge of the amount payable to him. When the respondent presented the aforesaid cheque before his Bank for payment, which was dishonoured with a return memo dated 04/11/2010 on account of insufficient funds, therefore, notice was served upon the petitioner /accused. Despite service of notice, the petitioner did not pay the said amount, therefore, the complaint under section 138 of N.I. Act was filed before the JMFC, Rajgarh (Biora), which was registered as Criminal Case no. 394/2012. 3/ After conclusion of the investigation, the trial Court framed the charge

under section 138 of N.I.Act. The petitioner/accused abjured his guilt and took the plea that he has been falsely been implicated in this matter. The trial Court after scrutinizing evidence available on record and considering the rival submissions made by both the parties, convicted him under sections 138 of N.I.Act. and sentenced him as mentioned hereinabove. Being aggrieved by the said conviction and sentence, the petitioner/accused preferred criminal appeal before the Additional Sessions Judge, Rajgarh (Biora) but the same was dismissed. Being aggrieved by the said judgment, this criminal revision has been preferred before this Court by the petitioner.

4/ The petitioner has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioner did not press this revision on merit and not assailed the finding part of the impugned judgment. He confines his argument on the point of sentence only and prays that the petitioner remained in jail from 17/01/2018 to 20/07/2018 in custody. He has already suffered more than six months jail incarceration and he has also Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 31-10-2023 11:11:02

deposited the entire amount in question i.e. 73051/- and he is facing trial since 2012 i.e. for a period of almost 11 years. Hence, he prays that revision be allowed and the jail sentence awarded to the petitioner be reduced to the period already undergone by him..

5/ Heard learned counsel for the petitioner and perused the record. 6/ Having considered the submissions and on perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper. Hence, finding force in the contention raised by the learned counsel for the petitioner and the fact that the petitioner is facing trial since 2011 i.e. for a period of almost 11 years and has already undergone more than six months jail incarceration and has deposited the amount in question, this Court finds it appropriate to partly allow this revision petition by affirming the conviction of the petitioner, however, reducing his jail sentence to the period already undergone.

7/ Accordingly, this revision petition is partly allowed by maintaining the conviction, but reducing the jail sentence to the period already undergone by the petitioner Since the petitioner is already on bail, his bail bond and surety bond stand discharged.

8/ A copy of this order be sent to the concerned trial Court for necessary compliance.

Certified copy as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 31-10-2023 11:11:02