Shri Satya Sai Krishi Seva Kendra ... vs Meessers Rajsthan Building Material
2024 Latest Caselaw 12378 MP

Madhya Pradesh High Court

Shri Satya Sai Krishi Seva Kendra ... vs Meessers Rajsthan Building Material on 2 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                   1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRR No. 1054 of 2024
                           (SHRI SATYA SAI KRISHI SEVA KENDRA SAHAPUR Vs MEESSERS RAJSTHAN BUILDING MATERIAL)

                    Dated : 02-05-2024
                           Shri Sunil Mishra - Advocate for applicant.

                           Trial Court record has been received.
                           Notice issued to the respondent is received unserved with a note that no such

person is found in the area.

Learned counsel for the applicant is directed to furnish correct address along with

fresh process fee.

Upon furnishing fresh process fee within seven working days from today, notice be again issued to the respondent through RAD, returnable within four weeks.

Heard on I.A.No.5742/2024, an application for suspension of jail sentence and grant of bail.

Applicant was convicted for commission of offence under Section 138 of Negotiable Instrument Act and was sentenced to undergo 6 months R.I. and was directed to pay an amount of Rs.2,54,662/- as compensation vide judgment dated 08.12.2023 passed by JMFC Burhanpur. The aforesaid judgment of conviction and order of

sentence passed by learned JMFC Burhanpur was assailed before the Court of Session by filing an appeal. The appeal too has been dismissed and order of the trial Court has been affirmed vide appeal judgment dated 15.02.2024 passed in Cr.A. No.343/2023 (Shri Satyasai Krishi Seva Kendra Shahpur vs. M/s Rajasthan Building Material).

Learned counsel for the applicant has assailed legality, propriety and correctness of the impugned order passed by the appellate Court and has submitted that applicant has fair chance to succeed in the revision. It is further submitted that applicant is ready to deposit an amount of Rs.1,00,000/- (One Lakh) out of compensation amount before the

trial Court. Therefore, it is prayed that applicant may be released on bail subject to depositing of the aforesaid amount.

On due consideration, I.A. No.5742/2024 is allowed. It is directed that if applicant deposits an amount of Rs.1,25,000/- (One Lakh Twenty Five Thousand) out of compensation amount awarded by the trial Court, he be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 21.10.2024 and on all subsequent dates as may be fixed by the trial Court in that regard.

List this case after four weeks.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE ak