Pushpendra Soni vs Ravi Kumar Gupta
2024 Latest Caselaw 14845 MP

Madhya Pradesh High Court

Pushpendra Soni vs Ravi Kumar Gupta on 17 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRR No. 2206 of 2024
                                                 (PUSHPENDRA SONI Vs RAVI KUMAR GUPTA)

                           Dated : 17-05-2024
                                 Shri Vibudhendra Mishra - Advocate for the applicant.

                                 1. Heard on I.A. No.11123/2024 filed under Section 397 of Cr.P.C. for
                           suspension of sentence and grant of bail to the applicant.
                                 2. Applicant has been convicted under Section 138 of the Negotiable
                           Instruments Act and sentenced to undergo S.I. for 3 months. Total fine of Rs.

                           1,43,000/- has been imposed on applicant with default stipulation.
                                 3 . I t is submitted by learned counsel appearing for the applicant that
                           applicant is ready to deposit 30% of the cheque amount. Looking to the fixed
                           term of sentence, application may be allowed and sentence of applicant may be
                           suspended.
                                 4. Heard learned counsel for applicant.
                                 5. Considering the aforesaid, application for suspension of sentence is
                           allowed on following condition that applicant will deposit 30% of the cheque
                           amount under protest before concerned trial Court. Amount which will be

                           deposited by the applicant shall be kept in FDR with instructions to renew the
                           same till pendency of revision and same will be subject to final judgment
                           passed in this criminal revision.
                                 6 . I t is hereby directed that if applicant deposits 30% of the cheque
                           amount before the trial Court, then the custodial sentence awarded to the
                           applicant shall remain suspended during the pendency of this revision and he
                           shall be released on bail on his furnishing a personal bond in the sum of
                           Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the
Signature Not Verified
Signed by: VINOD KUMAR
TIWARI
Signing time: 17-05-2024
17:26:28
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                           like amount to the satisfaction of the trial Court, for his appearance before the
                           Registry of this Court on 09.08.2024 and on other dates as may be fixed in this
                           regard till final disposal of this revision.
                                  7. Issue notice to the respondent on payment of process fee within seven

days, returnable within four week.

8. Records from the trial Court be requisitioned immediately.

9. C.C. today.

(VISHAL DHAGAT) JUDGE

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