Madhya Pradesh High Court
Smt. Deepa Ragde vs Shri Neelesh Chourasiya on 28 June, 2024
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 CRR-2640-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 2640 of 2024
(SMT. DEEPA RAGDE Vs SHRI NEELESH CHOURASIYA)
Dated : 28-06-2024
Shri Rahul Deshmukh - Advocate for applicant.
Heard on the question of admission.
Let the record of trial Court be called for.
The applicant has filed this criminal revision under Section 397/401
of the Code of Criminal Procedure against the judgment dated 10.05.2024
passed by the 1st Sessions Judge, Chhindwara whereby in an appeal
preferred against the order dated 19.09.2023 passed by the Judicial
Magistrate First Class, District Chhindwara in SCNIA No.105/2021
convicting the applicant under Section 138 of Negotiable Instrument Act,
1881 and awarding sentence of six months R.I. and also directing the
applicant to pay the compensation to the complainant/respondent to the tune
of Rs.6,50,621/-, has been affirmed.
Considering the aforesaid aspect, let notice be issued to the
respondent on payment of process fee within a period of seven days by
RAD mode, returnable within six weeks.
The counsel for the applicant has moved I.A. No.12807/2024, which
is an application under Section 397(1) of Cr.P.C. for suspension of
sentence and grant of bail to the applicant and also the I.A. No.13800/2024
for staying the operation with regard to payment of amount to the
complainant awarded towards compensation.
2 CRR-2640-2024
The applicant is therefore directed to deposit the remaining amount
i.e. 30% of the total amount of compensation and the amount already
deposited shall be adjusted from the total amount.
I.A. No.12807/2024 has also been considered for suspension of
sentence.
Counsel for the applicant submitted that he has already deposited
Rs.1,30,125/-. He is relying upon the case of Kerla High Court passed in
Ibrahim Vs. State of Kerla reported in 1979 SCC Online Ker 140 and
also in case of Easwaramurthy Vs. N. Krishnaswamy reported in 2006
SCC Online Mad 1231 wherein it is held that in a revision it is not
required for the convict to surrender before the police authority and as
such, relying upon the said observations of the Supreme Court, a
Coordinate Bench has passed an order dated 20.02.2024 in Cr.R.
No.729/2024.
Considering aforesaid circumstances, IA No. 12807/2024 is allowed
and it is directed that the applicant be released on bail subject to
depositing 30% amount of the total amount of compensation by the
applicant and furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lac) with a surety bond of like amount to the satisfaction of
trial Court concerned for her appearance before the Registry of this Court
on 09.12.2024 and on such other dates as may be fixed by the Registry in
this regard.
I.A. No. 12807/2024 and I.A. No.13800/2024 are disposed of.
3 CRR-2640-2024
(SANJAY DWIVEDI)
JUDGE
sp/-
