Madhya Pradesh High Court

Smt. Saroj Sharma vs Smt. Laxmi Yadav on 1 May, 2025

                                                            1                                  CRR-4618-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                    CRR No. 4618 of 2024
                                         (SMT. SAROJ SHARMA Vs SMT. LAXMI YADAV AND OTHERS )



                         Dated : 01-05-2025
                               Dr. Jitendra K. Jain - Advocate for the petitioner.
                               Shri Pavan Singh Raghuwanshi - Advocate for respondent No.1.

Shri Saket Udainiya - Public Prosecutor for respondent No.2.

Heard on the question of admission.

The revision being arguable is admitted for final hearing.

Record of the Courts below has been received.

Also heard on I.A.No.19597/2024, an application under Section 438(1) of BNSS for suspension of sentence and grant of bail to the petitioner.

This revision has been preferred by the petitioner against judgment dated 16.08.2024 passed by Second Additional Sessions Judge, Vidisha, in Criminal Appeal No.35/2023 affirming the judgment dated 11.04.2023 passed by the JMFC, Vidisha in Criminal case No.156/2017 whereby petitioner has been convicted under Section 138 of the Negotiable

Instruments Act and sentenced to undergo one year SI and to pay compensation of Rs.85,000/- (cheque amount) to the respondent from the date of the cheque till its realization with interest @ 9% per annum.

Learned counsel for the petitioner submits that learned trial Court as well as appellate Court have wrongly convicted the petitioner without appreciating the evidence in right perspective. The petitioner was on bail

2 CRR-4618-2024 during trial as well as during appeal, but he did not misuse the liberty so granted. He is ready to deposit a sum of Rs.90,000/- before the trial Court. Final hearing of the revision will take some time. Under these circumstances, prayed to suspend the jail sentence and grant of bail to the petitioner.

Heard learned counsel and perused the record. Keeping in view the attending facts and circumstances of the case, but without expressing any opinion on merits, the application for suspension of sentence is allowed.

It is directed that sentence of the petitioner shall remain under suspension and he be released on bail subject to depositing a sum of Rs.90,000/- before the trial Court and on his furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like

amount to the satisfaction of the concerned trial Court. The petitioner is directed to appear before the Registry of this Court firstly on 16.06.2025 and thereafter on all other subsequent dates as may be directed by the registry of this Court till final disposal of this revision.

A copy of this order be sent to Court concerned for compliance. Application I.A.No.19597/2025 stands disposed of. Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

ms/-