M/S Shidhi Vinayak S/O M/S Shishi ... vs The State Of Madhya Pradesh
2024 Latest Caselaw 12523 MP

Madhya Pradesh High Court

M/S Shidhi Vinayak S/O M/S Shishi ... vs The State Of Madhya Pradesh on 3 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                       CRR No. 1831 of 2024
                           (M/S SHIDHI VINAYAK S/O M/S SHISHI VINAYAK DEVELOPERS THROUGH PROPERTIER KRISHNAKANT
                                         SHARMA (KATARE) Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 03-05-2024
                                  Shri Vivek Kumar Mishra - Advocate for the petitioner.

                                  Shri Dinesh Savita - Public Prosecutor for the State.
                                  Issue notice to the respondent No. 2 on payment of process fee through

R.A.D. as well as Ordinary mode within seven working days.

Heard on I.A.No. 7742 of 2024, an application under Section 397(1) 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 r.w. 401 of the Cr.P.C. against the impugned judgment dated 12.04.2024 in Cr.A.No.481/2023 passed by 11th District and Additional Sessions Judge, Gwalior (M.P.) affirming the judgment of conviction and sentence dated 22.08.2023 passed in SC NIA No.98/2019 by Judicial Magistrate First Class, Gwalior, District Gwalior (M.P.) whereby, petitioner has been convicted and sentenced under Section 138 of Negotiable Instruments Act to undergo rigorous imprisonment of six months with fine of Rs.4,78,960/-, with default

stipulation.

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. Further submission is that petitioner is ready to deposit 25% of the compensation / fine amount before the trial Court within a period of four weeks. Disposal o f revision shall take considerable time, therefore, the application for suspension of sentence deserves to be allowed.

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 with an undertaking that he will deposit 25% of the compensation/ fine amount as imposed by learned Court below before the trial Court within a period of four weeks from today and on his furnishing personal bond of Rs.1,00,000/- (Rs. One Lac only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

The petitioner shall now appear before the Registry of this Court on 20.08.2024 and on all other dates which may be given by the Office for his appearance.

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.

A copy of this order be sent to Court concerned for compliance. Application (I.A.No. 7742 of 2024) stands disposed of.

(SUNITA YADAV) JUDGE

(LJ*)