Madhya Pradesh High Court
Shyamlal Khanna vs Sunil Agrawal on 20 September, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 4263 of 2023
(SHYAMLAL KHANNA Vs SUNIL AGRAWAL)
Dated : 20-09-2023
Mr.Suresh Agrawal - Advocate for the petitioner.
Issue notice to the respondent on payment of process fee within seven
working days by RAD as well as Ordinary mode. Notice be made returnable
within four weeks.
Record of court below called for.
Heard on I.A.No.17134 of 2023, an application under Section 397(3) of
Cr.P.C. for suspension of sentence and grant of bail to the petitioner.
The revision has been preferred by the petitioner under Section 397/401
o f the Cr.P.C. against the impugned judgment dated 28.7.2023 in
Cr.A.No.301/2022 passed by Sessions Judge, Shivpuri, District Shivpuri (M.P.)
affirming the judgment of conviction and sentence dated 26.8.2022 passed in
Criminal Case No.27/2019 by Judicial Magistrate First Class, District Shivpuri
whereby, applicant has been convicted and sentenced under Section 138 of
Negotiable Instruments Act to undergo simple imprisonment of four months
with fine of Rs.2,66,000/-, with default stipulations.
It is submitted by learned counsel for petitioner that the trial Court has
wrongly convicted the petitioner without appreciating the materials and evidence
available on record. It is further submitted that the petitioner has already
deposited Rs.30,000/- out of total compensation/fine amount of Rs.2,66,000/-
and is ready to deposit further Rs.70,000/- before the trial Court. Disposal of
revision shall take considerable time, therefore, the application for suspension
of sentence deserves to be allowed.
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 9/21/2023
11:47:25 AM
Heard learned counsel for the petitioner.
Keeping in view the facts and circumstances of the case and more
particularly, having regard to the undertaking given on behalf of counsel for the
petitioner, but without expressing any opinion on merits, the application for
suspension of sentence is allowed.
It is directed that jail sentence of petitioner shall remain under suspension
and he be released on bail subject to depositing further Rs.70,000/- out of
the compensation amount before the trial Court within a period of one
week from today and on his furnishing personal bond of Rs.50,000/- (Rs.
Fifty thousand only) with one solvent surety of the like amount to the
satisfaction of the concerned trial Court. It is further directed that petitioner
shall deposit 50% of the remaining compensation amount of
Rs.1,66,000/- within six weeks from the date of his release on bail. In
case the petitioner fails to deposit the amount as directed above, no
further time shall be granted to him and the trial Court shall take him
into custody forthwith for serving remaining term of sentence.
The petitioner after getting released on bail shall mark his presence before
the Office of this Court on 26/12/2023 and thereafter on all subsequent dates
as may be fixed by the office. The execution of substantial jail sentence
imposed on the petitioner shall remain suspended, till the final disposal of this
revision, subject to complying the conditions as mentioned above.
The amount so deposited by convict-petitioner shall be disbursed to the
complainant-respondent on his furnishing a personal bond and solvent surety of
like amount to the satisfaction of the trial Court to the effect that in case, the
revision succeeds, he shall return the entire amount forthwith.
Signature Not Verified
A copy of this order be sent to Court concerned for compliance.
Signed by: ALOK KUMAR
Signing time: 9/21/2023
11:47:25 AM
Application (IA. No.17134 of 2023) stands disposed of.
E-copy/Certified copy as per rules/directions.
(SUNITA YADAV)
JUDGE
AKS
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 9/21/2023
11:47:25 AM
