Mahesh Kumar Sanjodiya vs Karyapalan Adhikari Zla ...
2023 Latest Caselaw 14875 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                             ON THE 11 th OF SEPTEMBER, 2023
                                           CRIMINAL REVISION No. 1349 of 2015

                           BETWEEN:-
                           MAHESH KUMAR SANJODIYA S/O SHANKARLAL
                           SANJODIYA, AGED ABOUT 35 YEARS, R/O: KALAKHET,
                           IN FRONT OF SARAY RAJGARH, P.S. RAJGARH, DISTT.
                           RAJGARH (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (NONE FOR THE PETITIONER)

                           AND
                           KARYAPALAN ADHIKARI ZILA ANTYAVYAVSHAI
                           SAHAKARI VIKAS SAMAITI MARYADIT NOT MENTION,
                           DISTT. RAJGARH (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI RAVINDRA SINGH PARMAR - ADVOCATE)

                                 This revision coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

This criminal revision has been filed by the petitioner under Section 397 and 401 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") against the impugned judgment dated 14.08.2015 passed by the ASJ, Rajgarh (Biaora) in Criminal Appeal No.347/2013 affirming the judgment of conviction and sentence dated 29.11.2013 passed by the JMFC, Rajgarh in Criminal Case No.887/2010, whereby the petitioner/accused has been convicted for the offence under Section 138 of the Negotiable Instruments Act (in short "NI Act") and sentenced to 1 year R.I. with a direction to pay the compensation Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-09-2023 11:57:11

amount of Rs.1,02,962/- to the respondent/complainant.

2/ Brief facts of the case are that complainant filed a complaint case on behalf of Antyavyavshai Sahakari Maryadit, Rajgarh under Section 138 of N.I. Act in respect of the cheque amount of Rs.72,298/- against the repayment of loan of Rs.90,000/- taken by the petitioner for purchasing of autorikshaw. After disowner of the said cheque, complainant has issued a registered notice to the petitioner/ accused for demand of the said amount, but petitioner did not pay the amount, despite service of notice.

3 / After completion of the trial, learned trial Court scrutinizing the evidence and convicted the petitioner/ accused for the offence under Section

138 of the NI Act and sentenced to 1 year R.I. with compensation under Section 357 of Cr.P.C. to the tune of Rs.1,02, 962/- to the complainant. Petitioner has filed an appeal before the first appellate Court, but the same was dismissed by the first appellate Court by affirming the impugned judgment passed by the trial Court. Against this order, petitioner has preferred this criminal revision.

5. The petitioner has preferred the present revision on several grounds, but during the course of arguments, learned counsel for the petitioner submits that he does not want to press this criminal revision on merits and he is not assailing the conviction part of the judgment, but he confined his argument only to the extent o f quantum of sentence part. The petitioner has also filed order dated 04.03.2016 passed by the JMFC, Rajgarh in MJC No.38/2013. From perusal of the aforesaid order, it reveals that petitioner has deposited the complete compensation amount of Rs.1,02,962/- before the trial court and matter has been amicably settled between both the parties and during pendency of this revision, he remained in custody from 14/08/2015 to 10.04.2016. He is Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-09-2023 11:57:11

regularly marking his presence before the Court. He is a poor person and is not having any criminal background. Therefore, his sentence may be reduced to the period already undergone.

6. Per contra, learned counsel for the respondent opposed the criminal revision and prayed for its dismissal by submitting that trial Court has rightly convicted and sentenced the applicant.

7. Heard learned counsel for the parties and considered their argument and perused the record and evidence produced by both the parties.

8 . In view of the submissions of counsel for petitioner, although the conviction has not been challenged, but perusal of the evidence available on record also justifies the judgment of conviction passed by both the Courts below.

9. So far as the quantum of sentence is concerned, the submissions made by the learned counsel for the petitioner appears to be just and proper. The petitioner has already suffered jail incarceration from 14.08.2015 to 10.04.2016, during the trial as well as during the pendency of the appeal and this revision. He is not having any criminal background. He is facing trial since 2015. Therefore, it would be appropriate to reduce the jail sentence awarded to him.

1 0 . Considering the aforesaid, the revision is partly allowed by maintaining the conviction of the applicant, but reducing his jail sentence to the

period already undergone by him. The compensation amount imposed upon the petitioner by both the Courts below is hereby affirmed, which is already deposited by the petitioner. Petitioner is on bail, his surety and bail bond stands discharged.

11. Let a copy of this order alongwith record of both the Courts below

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-09-2023 11:57:11

b e sent back to the concerned Courts for information and necessary compliance.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 12-09-2023 11:57:11