Madhya Pradesh High Court
Manish Raikwar vs Amit Tiwari on 6 August, 2025
1 CRR-3592-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 3592 of 2025
(MANISH RAIKWAR Vs AMIT TIWARI )
Dated : 06-08-2025
Ms. Shivani Raikwar - Advocate for the applicant.
Present criminal revision petition has been preferred challenging the
judgment of conviction passed by the 1st Additional Session Judge, Sagar,
District Sagar in Criminal Appeal No.134/2023, whereby the conviction of
applicant under Section 138 of Negotiable Instruments Act was maintained
and the sentence of six months R.I. with compensation and default
stipulation was also maintained.
Learned counsel for the applicant submits that trial Court as well as
appellate Court have failed to consider the defence raised by the applicant
and the applicant has been convicted on the basis of presumption of service
of notice. She further submits that applicant is government servant and the
complainant failed to prove that he advanced the amount to applicant.
After perusal of the judgment delivered by trial Court as well as
appellate Court, revision is admitted for final hearing.
Record of the trial Court as well as appellate court be requisitioned.
Upon payment of process fee within three working days, notice be
issued to respondent, returnable within four weeks.
Heard on I.A. No.18136/2025 , which is an application for suspension
of remaining jail sentence filed on behalf of applicant under Section 430 of
BNSS, 2023.
2 CRR-3592-2025
The applicant has been convicted under Section 138 of Negotiable
Instruments Act and sentenced to undergo 6 months R.I. with compensation
and default stipulation.
Learned counsel for the applicant submits that in the year 2014,
applicant issued a blank signed cheque to respondent and respondent has
misused the same and submitted for encashment. She further submits that
applicant is a government servant and has been falsely implicated in the case.
Applicant has already deposited the part amount of compensation amounting
to Rs.55,000/-. She further submits that present revision petition will take
considerable time for its disposal. The applicant is suffering from various
diseases. Documents of the treatment and discharge card, prescription and
medical reports have also been filed. She prays for enlarging the applicant on
bail during the pendency of revision petition.
Considering the fact that applicant is a government servant and there
are bleak chances of disposal of present criminal revision petition in near
future, I deem it proper to suspend the remaining jail sentence of the
applicant. Accordingly, the application is allowed.
Upon deposition part compensation amount of Rs.1,50,000/- with the
trial Court and on furnishing personal bond in the sum of Rs.50,000/-
(Rs.Fifty Thousand) with one solvent surety of the like amount to the
satisfaction of the trial court for his appearance before the Registry of this
Court on 16.09.2025 and on such other dates as may be fixed by the Registry
in this regard, the remaining part of the substantive jail sentence imposed
upon the applicant shall stand suspended and he shall be released on bail.
3 CRR-3592-2025
The respondent will be at liberty to withdraw the amount after
furnishing the security to the satisfaction of trial Court.
List the matter after four weeks.
Certified copy as per rules.
(VINAY SARAF)
JUDGE
irfan
