Madhya Pradesh High Court
Ghanshyam Choudhary vs Babulal Aleriya on 28 September, 2015
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CRIMINAL REVISION NO.968/2015
28.09.2015:
Ms.Nirmala Kulhar, learned counsel
for the applicant.
Heard on admission.
Issue notice to the respondent by
ordinary as well as RAD mode. P.F within 7 days.
Also heard on I.A.No.5886/15. This is an application for suspension of the custodial sentence passed against applicant. The applicant has been convicted under section 138 of the Negotiable Instruments Act vide judgment dated 28.05.2015 passed in Criminal Appeal no.716/2014 by the Ist Additional Sessions Judge, Mhow, district Indore and sentenced to six months S.I with compensation of Rs.7,25,000/-.
It is submitted by the learned counsel for the applicant that the applicant has been wrongly convicted by the Courts below and the Courts below have not properly -2- appreciated the evidence. She submits that the applicant was on bail during trial and he did not misuse the liberty. It is further submitted that a sum of Rs.2 lacs has already been deposited by the applicant. She further submits that there is no likelihood of early hearing of this revision, hence prays for suspension of sentence of the applicant.
Perused the judgment.
Taking into consideration the submissions advanced by the learned counsel for the applicant coupled with the fact that applicant has not misused the liberty during trial, the application is allowed and it is directed that subject to deposit of 50% of the amount of compensation of Rs.7,25,000/-, the execution of the jail sentence alone passed against the applicant shall remain suspended during the pendency of this revision and he be released on bail upon his furnishing personal bond in the sum of -3- Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 27.10.2015 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this revision. If the applicant has already deposited Rs.2,00,000/-, then it shall be adjusted towards the 50% of total compensation.
C.c on payment of usual charges.
(D.K. PALIWAL) JUDGE hk/