M/S Steel Works Through Its ... vs Neeraj Sales Through Its ...
2023 Latest Caselaw 14498 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRR No. 3674 of 2023
                             (M/S STEEL WORKS THROUGH ITS PROPRIETOR GABBAR SINGH MORYA AND OTHERS Vs NEERAJ
                                                 SALES THROUGH ITS PROPRIETOR NEERAJ JAIN)

                           Dated : 04-09-2023
                                 Mr. Mahendra Singh - Advocate for petitioners.

                                 Mr. Dheeraj Budholiya - Advocate for respondent.

Heard on I.A. No. 15780 of 2023, an application under Section 5 of Limitation Act.

The application is duly supported by the affidavit.

The reasons for delay in filing the instant revision petition seems to be bonafide and sufficient, therefore, I.A. No. 15780 of 2023 is allowed and the delay is hereby condoned.

Also heard on I.A. No. 16022/2023, an application for stay. This criminal revision assails the judgment dated 09.09.2021 passed in

Criminal Appeal No.53/2021 by 17 th Additional Sessions Judge, Gwalior (M.P.), whereby the appellate Court has partly allowed the appeal filed by the present petitioner challenging the judgment of conviction and sentence dated 06/03/2021 passed by Judicial Magistrate First Class, Gwalior in Case No.

SCNIA-554-2017, whereby, learned JMFC has convicted the petitioner for the offence punishable under Section 138 of NI Act and sentenced to him to undergo RI for one year with fine of Rs.2,69,303/- with default stipulation. However, in appeal, learned first appellate Court has set aside the sentence of the present petitioner under Section 138 of NI Act, but maintained the fine amount i.e. Rs.2,69,303/- with default stipulation. Learned counsel for the petitioner argued that the petitioner has falsely been implicated in the case. Learned counsel for the petitioner argued that the Courts Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/5/2023 2:53:01 PM

below have wrongly appreciated the evidence and convicted the petitioner. The petitioner has already suffered about one month of incarceration out of total sentence awarded to him. Counsel for the petitioner stated at bar that parties have settled their dispute amicably out of the Court and in regard to which, petitioner has already paid entire amount to the complainant, which has been confirmed by the Counsel for the complainant at bar before this Court. In such circumstances, he should be released on bail forthwith.

Counsel for the respondent has no objection to the prayer made on behalf of the petitioner.

Keeping in view the facts & circumstances of the case as well as matter

has been resolved between the parties, but without commenting on merit of the case, IA No. 16022/2023 is allowed and disposed of. The execution of remaining jail sentence of petitioner is hereby suspended forthwith by furnishing personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with one local solvent surety in the like amount to the satisfaction of trial Court. The petitioner shall now appear before the Registry of this Court 20.12.2023 and on all other dates which may be given by the Office for his appearance.

It is made clear that the matter has already been settled between the parties, therefore, the matter be placed before ensuing Lok Adalat i.e. on 09.09.2023 for final disposal.

Certified copy/e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/5/2023 2:53:01 PM