Mevalal Patel vs Sardar Nishad
2024 Latest Caselaw 14305 MP

Madhya Pradesh High Court

Mevalal Patel vs Sardar Nishad on 15 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRR No. 1975 of 2024
                                                      (MEVALAL PATEL Vs SARDAR NISHAD)

                          Dated : 15-05-2024
                                 Shri Mukesh Kumar Pandey - Advocate for applicant.

                                 Applicant has filed this criminal revision against judgment dated
                          18.04.2024 by which applicant is convicted under Section 138 of N.I. Act and
                          sentenced to undergo S.I. for 6 months with compensation of Rs.7,16,000/-,
                          with default stipulation.

                                 2. In view of judgment dated 18.04.2024 passed in criminal appeal
                          No.14/2024, revision is held to be maintainable.
                                 3. Issue notice to respondent on payment of P.F. within seven days.

4. Applicant has also filed I.A. No.10097/2024, an application under Section 397 of Code of Criminal Procedure for suspension of jail sentence and grant of bail.

5. Counsel appearing for applicant submitted that he is ready to deposit 30% of the cheque amount. Sentence is for period of six months S.I. In these circumstances, application may be allowed and sentence of applicant may be

suspended. .

6. Heard the counsel for applicant.

7. On deposit of 30% of the compensation amount before the trial Court, IA. for suspension of sentence is allowed. Said amount be released in favour of complainant on furnishing appropriate security.

8. It is hereby directed that custodial sentence awarded to applicant shall remain suspended subject to condition of depositing 30% of compensation amount during pendency of this revision and he shall be released on bail on his

furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 07.08.2024 and on other dates as may be fixed in this regard till final disposal of this revision.

9. List the matter for admission after four weeks.

10. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

sp/-