Sachin vs Shrimati Ritu Khatri
2024 Latest Caselaw 14009 MP

Madhya Pradesh High Court

Sachin vs Shrimati Ritu Khatri on 13 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRR No. 2030 of 2024
                                                   (SACHIN Vs SHRIMATI RITU KHATRI)

                           Dated : 13-05-2024
                                 Ms. Nirmala Nayak - Advocate for the applicant.

                                 Shri Y.d. Yadav - Government Advocate for the State.

                                 1. Today case is listed on question of maintainability.
                                 2. Objection of Registry is overruled in view of order dated
                           20.02.2024 passed in CRR No.729/2024.

                                 3. Heard on I.A. No.10406/2024 filed under Section 397 of
                           Cr.P.C. for suspension of sentence and grant of bail to the applicant.
                                 4. Applicant has been convicted under Section 138 of the
                           Negotiable Instruments Act and sentenced with S.I. of six months with
                           fine of Rs.4,26,399/- with default stipulation.
                                 5. It is submitted by learned counsel appearing for the applicant that
                           applicant is ready to further deposit Rs.1,00,000/-. Looking to the
                           aforesaid proposition, application may be allowed and sentence of
                           applicant may be suspended.

                                 6. Learned Govt. Advocate appearing for the respondent-State

opposed the prayer for suspension of sentence.

7. Heard learned counsel for parties.

8. Considering aforesaid, I.A. No.10406/2024 i s allowed on condition that:-

1. Applicant will deposit Rs.1,00,000/- (Rs. One Lac

Only) under protest before concerned trial Court. Amount which will be deposited by the appellant shall be kept in FDR and same will be subject to final judgment passed in this criminal revision.

9. It is hereby directed that jail sentence of applicant shall remain suspended during the pendency of this revision and applicant shall be released on bail, subject to deposit of Rs.1,00,000/- (Rs.One Lac Only) before the trial Court and on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his appearance before the Registry on 05.08.2024 and on other dates as may be fixed in this

regard by the Registry till final disposal of this revision.

10. List the revision for final hearing in due course. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

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