Madhya Pradesh High Court
Seikh Sharif vs Mohd. Ashfak Khan on 14 June, 2024
Author: Amar Nath Kesharwani
Bench: Amar Nath Kesharwani
1 CRR-1232-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1232 of 2024
(SEIKH SHARIF Vs MOHD. ASHFAK KHAN)
Dated : 14-06-2024
Shri Ajay Sen - Advocate for the applicant.
Heard on admission.
Admit.
Issue notice to the respondent on payment of PF within seven working
days, returnable within four weeks.
Heard on IA No.6565/2024 an application for stay of execution of the
impugned judgment dated 01.03.2024 whereby the learned Appellate Court
directed the applicant to pay compensation of Rs.5,00,000/- (Five lakhs) within
15 days.
T his revision has been filed against the judgment dated 01/03/2024
passed by learned 24th Additional Sessions Judge, Jabalpur, District Jabalpur
(M.P.) in Cr.A.No.264/2023, arising out from the judgment dated 04/09/2023
passed by JMFC, Jabalpur in SC NIA No.715/2016, whereby learned trial
Court found applicant guilty for the offence punishable under Section 138 of
t h e Negotiable Instrument Act and sentenced him to undergo R.I. for six
months and also directed to pay compensation of Rs.4,89,000/- (Four lakhs
eighty nine thousand) to the respondent under Section 357(3) of Cr.P.C. and
the learned ASJ partly allowed the appeal and while maintaining the convection
under Section 138 of the Negotiable Instrument Act reduced the sentence to the
period already undergone, however compensation amount was enhanced to
Rs.5,00,000/- (Five lakhs) from Rs.4,89,000/- (Four lakhs eighty nine
thousand).
2 CRR-1232-2024
Learned counsel for the applicant submits that applicant has already
deposited a sum of Rs.2,24,000/- (Two lakhs twenty four thousand). It is
submitted that the applicant has a good case and hope to succeed in the appeal.
Hence, it is prayed that the application be allowed and applicant be exempted
from depositing the remaining fine amount.
Considering the overall facts and circumstances of the case and the fact
that the applicant has already deposited a sum of Rs.2,24,000/- (Two lakhs
twenty four thousand), therefore, the application is allowed in part and it is
directed that on depositing a sum of Rs.76,000/- (Seventy six thousand) by the
applicant within fifteen days from today and on furnishing personal bond in the
sum of Rs.1,00,000/- (One lakh) with two solvent sureties in the sum of
Rs.50,000/- (Fifty thousand) each to the satisfaction of the trial Court for his
appearance before the concerned Trial Court on 09/09/2024 and on such further
dates as may be fixed in this behalf by the concerned Trial Court during the
pendency of this revision, the execution of remaining part of compensation
amount shall remain stayed till final disposal of this petition.
List for final hearing in due course.
Certified copy as per rules.
(AMAR NATH (KESHARWANI))
JUDGE
Akm
