Madhya Pradesh High Court
M/S Rajendra Service Station vs Indian Oil Corporation Limited on 25 August, 2025
1 CRR-664-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 664 of 2021
(M/S RAJENDRA SERVICE STATION AND OTHERS Vs INDIAN OIL CORPORATION LIMITED )
Dated : 25-08-2025
Shri Yuvraj Singh- Advocate for the applicants.
Shri Aditya Adhikari- Senior Advocate with Ms. Divya Pal- Advocate
for the respondent.
Heard on IA No.17441/2025, an application for suspension of sentence
and grant of bail to the applicant No.2- Jitendra Kumar Soni.
Record of Courts below perused.
Learned senior counsel appearing for respondent has opposed the
prayer.
This is second bail application for suspension of sentence and grant of
bail on behalf of the applicant No.2- Jitendra Kumar Soni. His first
application for the same relief i.e. I.A. No.3540/2021 was dismissed vide
order dated 08.05.2025 of this Court on the ground that applicant was
absconding right from the date of appellate Court's judgment.
Certified copy of order-sheet dated 15.07.2025 of learned Judicial
Magistrate First Class, Bhopal revealed that the applicant No.2- Jitendra
Kumar Soni was produced by the police concerned in execution of arrest
warrant issued against him. Since that applicant No.2- Jitendra Kumar Soni
is in jail.
Applicant No.2- Jitendra Kumar Soni along with two others were
convicted under Section 138 of Negotiable Instruments Act and sentenced to
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undergo R.I. for one year and with compensation under Section 357(3) of
Cr.P.C. o f Rs.10,00,000/- and with cost of Rs.10,000/- under Section 359 of
Cr.P.C. respectively with default stipulations vide judgment dated
08.02.2018 passed by the learned Judicial Magistrate First Class, Bhopal in
R.T. No.17092/2009 and affirmed by 19 th Additional Sessions Judge,
Bhopal, vide judgment dated 23.02.2021 in Criminal Appeal No.167/2018.
It appears from the record that the applicant No.2- Jitendra Kumar
Soni along with two others have been convicted and sentenced as a partner
of firm M/s. Rajendra Service Station for issuing a cheque dated 30.04.2009
for amount of Rs.5,00,000/- in favour of respondent/Indian Oil Corporation
Limited. Apart from the jail sentence, the total amount of compensation and
cost of the litigation is imposed upon all three accused persons.
Applicant No.3- Narendra Kumar Soni was already released on bail
vide order dated 25.03.2021 of this Court on depositing 50% of the fine
amount. It is also revealed from the record that applicant No.1- Suresh
Kumar Soni has died. Therefore, it would be appropriate to direct the present
applicant No.2- Jitendra Kumar Soni to deposit the entire remaining amount
of compensation and litigation cost as imposed by the learned Trial Court.
Looking to the circumstances of the case and fact that out of three
accused persons one has already been granted bail whereas one has died
(Suresh Kumar Soni) and all three were convicted and sentence for
dishonour of a cheque issued on behalf of the firm of which these three were
partners.
Further, the nature of offence as well as the period of custody of the
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present applicant No.2- Jitendra Kumar Soni, this Court deems it to be a fit
case to suspend the jail sentence of the applicant No.2- Jitendra Kumar Soni
and to release him on bail. Therefore, without commenting on the merits of
the case, I.A. No.17441of 2025 is allowed.
It is directed that subject to depositing the entire remaining amount of
compensation and litigation amount which is imposed by the learned Trial
Court vide judgment dated 08.02.2018 and further affirmed by the learned
Appellate Court vide judgment dated 23.02.2021 and on furnishing a
personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with
one solvent surety in the like amount to the satisfaction of the trial Court
with a further direction to appear before the Registry of this Court on
04.12.2025 and also on such other dates, as may be fixed by the Registry in
this regard during the pendency of this revision.
(RAMKUMAR CHOUBEY)
JUDGE
SS
