Madhya Pradesh High Court
Mahesh Mihani vs State Bank Of Indore on 22 May, 2024
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 5484 of 2023
(MAHESH MIHANI Vs STATE BANK OF INDORE)
Dated : 22-05-2024
Mrs. A.K.Ruprah - Advocate for petitioner.
Shri Prasann Jain - Advocate for respondent.
At the outset, learned counsel for parties informed this Court that earlier a
criminal revision CRR No.2360/2021 was dismissed vide order dated
30.12.2021 on the point of maintainability because at that point of time
petitioner/accused did not surrender and revision was filed in his absence.
Thereafter, petitioner surrendered and then preferred the instant revision.
2. Heard on admission.
3. Heard on I.A. No. 27622/2023, which is the application under Section
397/401 of the Cr.P.C. for suspension of jail sentence of the petitioner/applicant
herein.
4. The present revision petition under Section 397 / 401 of Cr.P.C. is
preferred by the petitioner against the judgment of conviction and order of
sentence dated 11.08.2021 passed by the First Additional Sessions Judge
Itarsi, District Narmadapuram in Criminal Appeal No.36/2016 confirming the
judgment of conviction passed by learned Judicial Magistrate First Class, Itarsi
in complaint case No.633/2010 dated 21.07.2015 whereby petitioner has been
convicted under Section 138 of Negotiable Instrument Act and sentencing to
R.I. for one year and directed to pay the cheque amount of Rs.5,33,000
2,67,000/- as compensation on account of interest at the rate of 9% from the
date of dishonor of cheque till the date of judgment along with default
stipulations.
5. It is submitted by the learned counsel for the petitioner that petitioner is
suffering confinement since 04.09.2023 and suffered more than 08 months of
incarceration out of total 01 year of jail sentence. Matter pertains to offence
under Section 138 of Negotiable Instruments Act which is quasi civil and quasi
criminal in nature. He already suffered sufficient period and he undertakes to
settle the matter once and for all with the Bank.
6. Learned counsel for the respondent opposed the prayer and prayed for
its dismissal.
7. Heard the counsel for the parties at length and considered the arguments
advanced by them.
8. Considering the overall facts and circumstance of the case, but without
commenting on the merits of the case, I.A. No. 27622 of 2023 is allowed
subject to deposit of fine amount and it is ordered that on furnishing a personal
bond of Rs.50,000/- (Rupees Fifty Thousand Only) by petitioner with one
solvent surety of the like amount to the satisfaction of the concerned trial Court,
petitioner jail sentence shall remain suspended till disposal of this revision and
he be released on bail. The petitioner is further directed to remain present before
the Registry of this Court on 03.07.2024 and, thereafter, on such subsequent
dates as may be fixed by the Registry.
9. List this case in the month of August, 2024.
(ANAND PATHAK)
JUDGE
VPA
