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Madhya Pradesh High Court
Ashok Kumar vs Rajesh Chouhan on 10 December, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRR-5409-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 5409 of 2025
(ASHOK KUMAR Vs RAJESH CHOUHAN )
Dated : 10-12-2025
Shri Harshit Tapadiya - Advocate for the applicant.
The respondent is remained unserved.
From the perusal of the original registered letter it is seen that on the
same letter name of the Revisionist Ashok Kumar, his father's name and
address is also mentioned there and name of Rajesh Chouhan, i.e., Opposite
Party is also mentioned along with his father's name. It prima facie appears
that just to save some little bucks both addresses are mentioned and
subsequently cut either by the applicant/Revisionist himself or by the postal
Department is not clear and such procedure/proceedings should not be in
doubt, therefore, it is directed that on payment of process fee within three
working days, fresh notice be issued to complainant Rajesh Chouhan on the
address given in the order.
List immediately after service report is received .
At this juncture it is submitted that the applicant is in jail, therefore, his
application filed vide I.A. No. 27032/2025 for suspension of sentence may
be considered.
The applicant has been convicted by the Judicial Magistrate First
Class, Budhani, District Sehore vide judgment of conviction and order of
sentence dated 10.05.2023 passed in SCNIA/17/2017 under Section 138 of
the Negotiable Instruments Act and sentenced to undergo R.I. for 6 months
2 CRR-5409-2025
with compensation of Rs.4.73,250/- with default stipulation.
The judgment of conviction and order of sentence dated 10.05.2023
was assailed by the applicant before the appellate Court. The appellate Court
vide order dated 30.10.2025 passed in Criminal Appeal No. 141 of 2023
while dismissing the appeal of the applicant has affirmed the order passed by
the trial Court.
The counsel for the applicant submits that the trial Court has not
properly appreciated the oral and documentary evidence available on record
and committed error while convicting the applicant for the aforesaid offence.
The applicant is in custody and disposal of this revision would take
considerable time. Therefore, the sentence of the applicant be suspended and
he be released on bail.
Heard submissions advanced by the counsel for the applicant and
perused the record.
Looking to the nature of offence, short term sentence awarded to the
applicant and also the fact that the applicant is ready to deposit 50,000/- of
the compensation amount, this Court deems it to be a fit case to suspend the
jail sentence of the applicant and to release him on bail. Therefore, without
commenting on the merit of the case, this application is allowed.
It is directed that subject to depositing Rs.50,000/- before the trial
court within a period of 30 days from today and also on furnishing a personal
bond in a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one
surety in the like amount to the satisfaction of the trial Court concerned, the
jail sentence of applicant shall remain suspended and he shall be released on
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bail for securing his presence before the trial Court concerned on a date to be
fixed by the trial Court and on such other dates as may be fixed in this regard
by that Court during pendency of this case.
This order is passed subject to following conditions:
(a) that such person shall attend in accordance with the conditions of
the bond executed under this Chapter.
(b) that such person shall not commit an offence similar to the offence
of which he is accused, or suspected, of the commission of which he is
suspected; and,
(c) that such person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the Court or to any
police officer or tamper with the evidence.
Let the record of the trial Court be also called for.
List along with record after the record is received.
(AVANINDRA KUMAR SINGH)
JUDGE
VKT
